March 01, 2018 Feature

Susan Sontag and the Pictures in Your Case

Michael Tigar

“The defendant stole my horse!”

“What evidence do you have?”

“Well, here is a picture of the very horse!”

We want to use pictures at trial. They can become marker buoys along the trial voyage, to be recalled in summation and available for the jurors to examine when they deliberate. But the pictures must be authenticated if they are to mean anything.

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