6.5: WOUND PHOTOGRAPHY

Most people do not consider that there is a methodology for how to photograph injuries to people or animals. It is important to photograph injuries before they have been bandaged. This is not always possible as victims of violent assault are often whisked away from the scene by the emergency services. In times like these, it is important to photograph the bandaged or sutured injuries in order to document the location of the injuries on the body. If the injuries are on sensitive areas of the body, it is best to photograph the injuries while still maintaining the decorum of the victim. Emergency room personnel are usually experienced in this and will help the forensic photograph in a manner that records only the injuries. If it is necessary to photograph genitalia, it is best to use close-up photography so that only the injury is depicted in the image. It is very important in overview injury photographs where the face of the victim is depicted that the photographer instruct the victim not to smile or laugh. It is very hard to convince a jury that the injury is painful when the subject of the photograph is smiling or laughing. The next consideration in wound photography is the admissibility of the photograph at trial. The five basic rules for the admissibility of evidence, including photographic evidence, are as follows:

• The evidence must relate to the charges being filed by the prosecutor
• It must be legally obtained
• It must be properly collected
• It must have a proper chain of custody
• It cannot be overwhelming to play on the emotions of the judge or jury

It is the last rule that will determine if a photograph may be entered as evidence during courtroom proceedings. Take a look at the photograph below. Would this photograph play on the emotions of the judge or jury?

Figure \(\PageIndex{1}\): Prejudicial photograph - Author's collection

Clearly the victim of the slashing assault is grimacing in pain and blood appears on his face, shirt, and bandage. The jury would understand that the victim is in pain. They might feel bad for the victim and render a verdict to punish the suspect. This photograph would be considered prejudicial and would likely not be introduced during the trial. However, the next photograph would be allowed.

Figure \(\PageIndex{2}\): Clinical photograph - Author's collection

In this photograph, the victim is no longer grimacing in pain, most of the blood has been wiped away, and the incised wounds are clearly visible. This photograph is called a clinical photograph. By the way, did anyone notice the orange deposits on the victim’s shirt in the first photograph? Those deposits are courtesy of the Mark IX Oleoresin Capsicum spray canister, which was discharged by an alert officer at the suspect of the crime. Unfortunately, the victim was also hit by the spray, and that is likely the source of the pain characterized by the grimacing. So, not only would the photograph be prejudicial in nature, but also an unfair representation of the event for the suspect. The question is then would you still take a prejudicial photograph if it is not admissible during a trial. Yes, because it could be used during the sentencing phase of the trial.

Figure \(\PageIndex{3}\): Sutured stab wounds on the chest of a female victim. Note how the photographs capture the injuries but preserve the modesty of the victim. Author's collection

It is equally important to photograph injuries that are not present. If a person claims that they were injured, but no injuries are apparent, it is important to photograph the absence of injuries. Also, if a person claims to have been harmed by a law enforcement official, but there are no visible injuries, it is important to document the lack of injuries, but to remember to revisit the victim the following day as sometimes bruising does not appear for several hours.

It is important to photograph the injuries without a scale first and then to add the scale to the image. The ABFO #2 L-scale is the best scale to use for injuries.