Question
Defendant is on trial for nighttime breaking and entering of a warehouse. The warehouse owner had set up a camera to take infrared pictures of
Defendant is on trial for nighttime breaking and entering of a warehouse. The warehouse owner had set up a camera to take infrared pictures of any intruders. After an expert establishes the reliability of infrared photography, the prosecutor offers the authenticated infrared picture of the intruder to show the similarities to Defendant. The photograph is:
A. Admissible, provided an expert witness points out to the jury the similarities between the person in the photograph and Defendant.
B. Admissible, allowing the jury to compare the person in the photograph and Defendant.
C. Inadmissible, because there was no eyewitness to the scene available to authenticate the photograph.
D. Inadmissible, because infrared photography deprives a defendant of the right to confront witnesses.
Which answer is correct and why? Why are the others incorrect?
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