Joseph E. Fischnaller, Jr., Technical Preparation and Exclusion of Photographic Evidence, 8 Gonz. L. Rev. 292 (1973).
Since the inception of the photographic process in the year 1839 and its first appearance in the American Courts some twenty years later in the case of Luco v. United States, photography has been increasingly recognized as an almost indispensable tool of the trial lawyer in the preparation and trial of both civil and criminal cases. In 1942 Charles C. Scott stated that, in the litigation of that era, photographic evidence played an important role in almost half of the cases tried in the courts of this country. Since 1942, however, the technical advances made in the field of photography have been astounding, and this, coupled with the equally astounding simplification of the photographic process and the increasing availability of relatively inexpensive amateur photographic equipment, has made photography an art form in which almost anyone can participate. In the present day virtually every American home contains at least one camera. These factors, along with the increasing judicial acceptance of photographs as a valid, time saving, inexpensive and accurate method of presenting proof and illustrating testimony, have resulted in a dramatic increase in the percentage of litigation in which evidentiary photography is employed. Thus, the modern day attorney is often confronted with the problems surrounding the admission and exclusion of photographic evidence . . . Read More.