Smile. How Prejudicial Can the Candid Camera Be The Admission….pdfVIP

J ournal of Civil Rights and Economic Development Volume 9 Article 8 Issue 1 Volume 9, Fall 1993, Issue 1 5-3-2012 Smile. How Prejudicial Can the Candid Camera Be? The Admission of Photographs in a Criminal Trial J ames F. Fagan Jr. Follow this and additional works at : /jcred Recommended Citation Fagan, James F. Jr. (1993) mile. How Prejudicial Can the Candid Camera Be? The Admission of Photographs in a Criminal Trial, J ournal of Civil Rig hts and Economic Developm ent: Vol. 9: Iss. 1, Article 8. Available at : /jcred/vol9/iss1/8 This ymposium is brought to you for free and open access by the Journals at t. Johns Law cholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized administrator of t. Johns Law cholarship Repository. For more information, please contact cerjanm@. Fagan: Smile. How Prejudicial Can the Candid Camera Be? The Admission of SMILE. HOW PREJUDICIAL CAN THE CANDID CAMERA BE? THE ADMISSION OF PHOTOGRAPHS IN A CRIMINAL TRIAL JAMES F. FAGAN, JR.* Since early childhood we have been taught to clean up our own messes. Recently, the New York Court of Appeals (Court of Ap- peals) became reacquainted with this youthful lesson. The mess that required cleaning up was the proper standard for admissibility of photographs in a criminal trial. Twenty years 1 the Court of Appeals announced a clear ago, in People v. Pobliner, rule on the admissibility of photographs.2 The Pobliner court de- clared that relevant phot