Mug Shot - Prejudicial Nature

Prejudicial Nature

The U.S. legal system has long held that mug shots can have a negative effect on juries. The United States Court of Appeals for the District of Columbia Circuit held "The double-shot picture, with front and profile shots alongside each other, is so familiar, from 'wanted' posters in the post office, motion pictures and television, that the inference that the person involved has a criminal record, or has at least been in trouble with the police, is natural, perhaps automatic." The Handbook of Massachusetts Evidence says "Because of the risk of prejudice to the defendant inherent in the admission of photographs of the 'mug shot' variety, judges and prosecutors are required to 'use reasonable means to avoid calling the jury's attention to the source of such photographs used to identify the defendant.' " (p.617) Elsewhere it cites a ruling in Commonwealth v. Martin "admission of a defendant's mug shot is 'laden for characterizing the defendant as a careerist in crime'" Other states have similar rules.

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