Abstract
In a line of cases, the Utah Supreme Court created a presumption of inadmissibility for gruesome photographs under Rule 403. This presumption is inconsistent with the plain language of Rule 403 and undermines the basic purposes of evidentiary rules: accurate fact-finding and promotion of fairness. The inadmissibility presumption hinders accurate fact-finding by too stringently excluding relevant evidence. The presumption also impedes the promotion of fairness by limiting a prosecutor's ability to introduce photographic evidence in egregious cases. Finally, the court's interpretation makes a biased rule out of a facially neutral rule. To correct these consequences, the Utah Supreme Court should follow the balancing approach to gruesome photographs required by Rule 403's plain language.
Recommended Citation
Thomas, Amy S.
(1996)
"Utah Rule of Evidence 403 and
Gruesome Photographs: Is a
Picture Worth Anything
in Utah?,"
Utah Law Review: Vol. 1996:
No.
3, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol1996/iss3/8