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: Legal Pad | LASupreme Court allows use of video "victim impact evidence"
By Richard Binder
The Supreme Court denied appeals today in two California capital cases where "victim impact evidence" was suggested to have gone far beyond the limits set in 1991 by then-Chief Justice Rehnquist, who described the potential for such evidence to be "so unduly prejudicial that it renders the trial fundamentally unfair."
Video montages of the victims' lives in both these cases are alleged to have prejudiced jurors against the defendants. Three justices, Stephen Breyer, David Souter and John Paul Stevens, dissented the opinion but lacked the fourth justice necessary to grant review.
As Tony Mauro writes, the dissenting judges posted one of the videos in question on the Court's Web site. Entry with link here.
Full post as published by Legal Pad | LA on November 10, 2008 (boomark / email).
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