Q: Can still shots serve as evidence in theft by swindle case?
I am charged with theft by swindle, where the plaintiff alleges that I returned a fake necklace. The only evidence they have is a few pictures of me standing by the customer service desk. They lack any expert jeweler testimony, item, or receipts. Can these still shots be used as sufficient evidence in court?
A: Of course they can use still shots as evidence in a criminal case. It is up to the jury to determine how much weight to give to those photographs and determine if the State has proven their case beyond a reasonable doubt.
A: The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the prosecution or defense case. Once admitted into evidence by the judge, then the jury can give it whatever weight they choose. Next, the prosecution is required to present evidence to support each and every statutory element of every crime they claim. If the sole evidence in a trial was pictures of the defendant standing by a customer service desk, and no other evidence, at all, were admitted into the trial, that would almost certainly be inadequate proof for multiple elements of the criminal statue charged. However, it's difficult to imagine a prosecutor doing that. More likely there will be additional evidence. Discuss the case with your lawyer.
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