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Mugshots are not automatically admissible in evidence.

By Marks & Katz, LLC

 Bill of Rights. (From the public domain.) Mugshots are not automatically admissible in evidence at criminal trials, as they can substantially interfere with the Constitutional presumption of innocence. Jabari Bishop v. U.S., __ A.2d _ (D.C., Nov. 25, 2009).  Bishop confirms: "While recognizing 'the competing interests involved in the admission of mug shots,' we have 'adopted rigid criteria for their admissibility,' Letsinger v. United States, 402 A.2d 411, 414 (D.C. 1979), through a three prong conjunctive test. For admission of 'mug shot type'  photographs at trial: 1. The government must have a demonstrable need to introduce the photographs; and 2. The photographs themselves, if shown to the jury, must not imply that the defendant has a prior criminal record; and 3...continue to full post

Full post as published by Underdog on November 30, 2009 (boomark / email).