The State’s effort to introduce photographs of a homicide victim into evidence often is met with defense objections. One objection sometimes asserted is that the photographs are inadmissible as substantive evidence and must be limited to illustrative purposes. This objection likely will be overruled. As a general rule, photographs may be offered as substantive evidence or for illustrative purposes. G.S. 8-97. When admitted for illustrative purposes only, a limiting instruction should be given. See N.C. Pattern Instruction – Criminal 104.50 (photographs, etc. as illustrative evidence). Although many appellate decisions addressing Rule 403 issues with respect to photographs of the victim contain language referencing the use of the photographs for only illustrative purposes, this language seems to refer to the old North Carolina rule limiting the use of photographic evidence to that purpose. With enactment of G.S. 8-97 in 1981, photographs now can be used as substantive or illustrative evidence and our courts have indicated that the statute applies with respect to photographs of a homicide victim. See State v. Rogers, 323 N.C. 658 (1989). By far the most common response to the State’s attempt to admit photographs of homicide victims is a Rule 403 objection. As a general matter, photographs of a homicide victim are admissible even if “gory, gruesome, horrible or revolting, so long as an excessive number of photographs are not used solely to arouse the passions of the jury.” Rogers, 323 N.C. 658. The North Carolina appellate courts only rarely have held such photographs to be unfairly prejudicial. [...]
Faculty Coordinators
