help! i need a topic to write about

[dillon]

i have to write a controversial persuasive research paper on photography. it's pretty flexible and can be loosely based on it.. the librarian actually suggested the topic of "how pornography increases violence towards women" or something and mentioned that there were studies about it but i'm not confident that i can actually find sources. my original topic was basically to convince people that photographs changed the course of history, but my teacher rejected it because it wasn't controversial.
i'm at a total loss for ideas so it'd be great if anybody can suggest some things.

[NERD]

A good case would be Ira Hayes, a Native American soldier who was in the photograph of the iconic photo of the American soldiers raising the flag in Iwo Jima. Ira Hayes became a hero based on the photograph, but ended up killing himself due to too much exposure and alcoholism.

Or General Nguyen Ngoc Loan, whose reputation was tarnished forever after his photograph of executing a Viet Cong became one of the most famous photograph in history and won a Pulitzer Prize.

[erbiumfiber]

Should grisly crime scene/autopsy photographs be entered as evidence in criminal trials? Or is the evidence too prejudicial to the defendant? This is a very real issue in criminal law. You would have to search a legal database like Lexis for your research (although I'm sure there's stuff on the Internet as well). I don't have a free Lexis account or I'd give you something to read to see if you like the topic.

Edit: OK, here's a case on point- the appeals court goes into some detail on the types of photographs that can be admitted as evidence:

http://www.michbar.org/opinions/appeals/1999/061899/4404.html

[h2orowe]

Do it about how Samurais were pedophiles?

[dillon]

O.o... there weren't photographs back then.

anyways.. nerd, those are awesome topics but i can't think of what to persuade people about. XP
erbiumfiber, i really like that idea but i can't use websites, unless it's .gov or has been published somewhere (no wikipedia :(), as sources. do you have any recommendations on books that i could look into?

[NERD]

Just look up the Vietnamese general I've talked about, the photograph is one of the most famous ones of all time. The photograph also caused people to reconsider Vietnam War, changing the public opinion about it.

That, or you could do about the photographs of tortured Iraqi prisoners in Abu Gharib and how that formed the public opinion about the righteousness of Iraq war.

[erbiumfiber]

The site I linked to is a website that contains the written opinions of courts. You cite to the opinion like 56 F.2d 736 (Fed. Cir. 1997). All legal cases that are published (unfortunately that is an unpublished opinion) and all law journals (there will be tons of articles there) are somewhere in book form (like those pretty volumes of books that all look alike that you see in law libraries on TV). However, for lawyers to look through all those books to do mechanical searching would be a nightmare. Consequently, there are NUMEROUS on-line search tools. Yes, things will turn up on-line but they are copies of published materials. The reason they can be printed on-line in their entirety is that they usually lack copyright (as government publications).

Let me see what else I can dig up for you- and I'll show you how you can cite the Michigan court case...

OK. Here is a case from what appears to be the North Carolina Supreme court. When citing this as a reference, it is cited 350 NC 247 (1999). This means it is in a book of cases from the North Carolina Supreme Court volume 350, page 247. Case was decided in 1999.

http://www.aoc.state.nc.us/www/public/sc/opinions/1999/040-98-1.htm

You will see the topic labelled as [6]- scroll down to [6] later in the document to find the material of interest (we lawyers are pretty damn lazy).

I will keep looking for a law review article for you that summarizes the state of the law...

Basically, you have to have a reason for introducing the photos, not just to "inflame the passions" of the jurors.

[erbiumfiber]

Another citable case- the citation numbers are highlighted at the top of the case.

http://www.lawskills.com/case/ga/id/373

It says you can search other caselaw in Georgia for free on this site...

[erbiumfiber]

OK, this is as good as a law review article- these are citations to all published federal cases (available in the Federal Reporter as well as Supreme Court Reporter). This is a brief from the Unabomber case in support of why the government should be allowed to let in gruesome photographs"


quote begins:
The government intends to introduce autopsy photographs and x-rays of Hugh Scrutton, crime scene and autopsy photographs and x-rays of Gilbert Murray, and crime scene and hospital photographs of Drs. Charles Epstein and David Gelernter. These photographs and x-rays will be offered to depict the crime scene, the identity of the victim, the manner of death or nature of the injuries, the destructive power of the bomb and thus the defendant's lethal intent, and other issues relevant to the government's burden of proof.

Crime scene and autopsy photographs in homicide cases are frequently unpleasant, however, "gruesomeness alone does not make photographs inadmissible." United States v. Naranjo, 710 F.2d 1465, 1468-69 (10th Cir. 1983). In United States v. Yahweh, 792 F.Supp. 104, 105 (S.D. Fla. 1992), which the court described as "arguably the most violent case ever tried in federal court", the court explained its admission of particularly gruesome photographs:


The subject matter of the photographs in question -- decapitation, slit throat, removed ears, repeated stabbing, gunshot wounds - - is both difficult to view as well as disturbing and distasteful. However, so were the crimes alleged. Murder, especially "murder most foul" by methods such as decapitation or stabbing and the removal of body parts, is inherently offensive. However, these exhibits are not flagrantly or deliberately gruesome depictions of the crimes.
The Court in United States v. Naranjo, 710 F.2d at 1468-69, expressed a similar view when it upheld the admissibility of graphic photographs of a murder victim who had been shot in the face:


In our court system, juries are entrusted with the weighty obligation to find the facts in criminal cases of grave importance, such as the one before us. We think it is incompatible with that degree of trust to attempt to "protect" them from the evidence questioned here. It was part of the surroundings of the scene of the crime.
See also United States v. Kaiser, 545 F.2d 467, 476 (5th Cir. 1977) (admitting photographs of murder victim which were "upsetting" but which were not "in any respect more gruesome than is inherent in any visual record of a murder."); and Walle v. Sigler, 456 F.2d 1153, 1155 (8th Cir. 1972) (while photograph of murder victim was "gruesome", "this condition is an inherent and inseparable part of the crime with which the defendant was charged").

As with other types of evidence, the trial court must balance the probative value of the graphic photographs against their prejudicial effect and the exercise of such discretion is "rarely disturbed." United States v. Goseyun, 789 F.2d 1386, 1387 (9th Cir. 1986); United States v. Brady, 579 F.2d 1121, 1129 (9th Cir. 1978); United States v. Sides, 944 F.2d 1544, 1562 (10th Cir. 1991). In United States v. McRae, 593 F.2d 700, 707 (5th Cir. 1979), where the court upheld the admission of graphic photographs of the murder victim, the Court explained the reason for a restrained use Rule 403:


Unless trials are to be conducted on scenarios, on unreal facts tailored and sanitized for the occasion, the application of Rule 403 must be cautious and sparing. Its major function is limited to excluding matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect. As to such, Rule 403 is meant to relax the iron rule of relevance, to permit the trial judge to preserve the fairness of the proceedings by exclusion despite relevance. It is not designed to "even out" the weight of the evidence, to mitigate a crime, or to make a contest where there is little or none.
See also United States v. De Parias, 805 F.2d 1447, 1454 (11th Cir. 1986) (noting that "Rule 403 is to be very sparingly used").

back to top

(1) Crime Scene Photographs

Photographs of homicide victims are relevant to show the identity of the victim, the manner of death, the murder weapon and any other element of the crime. United States v. De Parias, 805 F.2d at 1453; United States v. Yahweh, 792 F.Supp. 104, 105 (S.D. Fla. 1992); United States v. Goseyun, 789 F.2d 1386, 1387 (9th Cir. 1986). Such photographs also enable witnesses to better describe and the jury to better understand testimony concerning the description and identity of the place where the crime occurred, the atmoshere in which the crime was committed, the identity of the victim and the degree of the crime committed. Walle v. Sigler, 456 F.2d 1153, 1155 (8th Cir. 1972); United States v. Sides, 944 F.2d 1554, 1563 (10th Cir. 1991).

Photographs of the murder victim taken at the crime scene have been admitted despite their graphic content. See, e.g., United States v. McRae, 593 F.2d at 707 (admitting photograph of back of victim's head "so as to display an exit wound in the back of her skull produced by part of McRae's dum-dum bullet, which exploded in her brain" and a photograph showing "a front view of her body, seated in the chair where she died, her left eye disfigured by the bullet's entry and her head broken by its force".); United States v. Sides, 944 F.2d 1554, 1563 (10th Cir. 1991) (admitting photographs of elderly couple bound and gagged with gunshot wounds to the head); United States v. Treas-Wilson, 3 F.3d 1406, 1410 (10th Cir. 1993) (admitting photographs depicting stab wounds to neck); United States v. Naranjo, 710 F.2d 1465, 1468-69 (10th Cir. 1983) (admitting photographs depicting victim on the bed with gunshot wound to face and a great deal of blood on pillow and bedsheets); United States v. Fleming, 594 F.2d 598, 607-08 (7th Cir. 1979) (admitting photograph of gunshot victim's nude and bound body); United States v. Brady, 579 F.2d 1121, 1129 (9th Cir. 1978) (admitting photographs of victims battered, bloodied and bruised face which "were not for the faint hearted"); Walle v. Sigler, 456 F.2d 1153, 1154 (8th Cir 1972) (admitting photographs of clothed and bloodied body of gunshot victim).

(2) Autopsy Photographs

Autopsy photographs of the murder victim have been admitted despite their graphic content where they will assist in explaining or illustrating the testimony of the pathologist. See, e.g., United States v. Stifel, 433 F.2d 431, 441-42 (6th Cir. 1970) (death caused by mail bomb which "tore open his abdomen and tore off his arms") ; United States v. Lewis, 92 F.3d 1371, 1383 (5th Cir. 1996) (battered child) ; United States v. Treas-Wilson, 3 F.3d 1406, 1410 (10th Cir. 1993) (death by stab wounds to the neck); United States v. Boise, 916 F.2d 497, 504 (9th Cir. 1990) (battered child); United States v. Soundingsides, 820 F.2d 1232, 1243 (10th Cir. 1987) (beating death); Walle v. Sigler, 496 F.2d 1153, 1154 (8th Cir. 1972) (nude photographs of gunshot victim); United States v. Yahweh, 792 F.Supp 104, 105 (S.D. Fla 1992) (14 deaths caused by beheading, stabbing, pistol shots, plus severing of body parts).

Because of the different purposes for which they are introduced, the prosecution's use of crime scene photographs of the victim does not render its use of autopsy photographs cumulative. United States v. De Parias, 805 F.2d at 1454. As the DeParias court explained: "Rule 403 does not mandate exclusion merely because some overlap exists between the photographs and other evidence." Indeed, in many of the cases cited above the government admitted both crime scene and autopsy photographs.

end quote:


Pretty gross stuff, one of the many reasons I'm not a criminal lawyer. Basically, you'll see that the court lets in pretty disgusting stuff. The accused is generally barred from saying that his crime was so gruesome that it can't be shown to the jurors. This is why a lot of victims' families have a really hard time going through a trial. Then there is the issue of whether or not the public should have access to the photos as part of the public record...that's a whole other topic...

Can you tell it's a slow day at work??

[Pierrot le Fou]

Discuss the changing nature of photography with technology.

Discuss photoshopping non-existent scenes (the animal-combinations would be a good start), cellphone cameras used for perversion (upskirt photos, plenty of articles on it with Japan), and cellphone cameras used to fight crime (shots of crimes in progress from cellphones -- several examples in the US and Europe). You could discuss the internet and how it alters photography (by discussing the prevalence of half-naked photos of underage kids, as can be viewed in the 'best body on OP9 thread' or anywhere else on the internet), and how digital cameras and the like have allowed the volume of photos, especially accessible ones, to explode.

There are so many interesting topics to get into. Why do you need to regurgitate things that have already been said? Why not make a thesis and back your thesis up with documentary evidence and your own assumptions?

[dillon]

erbiumfiber, i love you :D

edit:

Pierrot le Fou, the reason i was having such a difficult time is because the essay has to be persuasive, and based on published sources. and i'm not creative enough.

[Anders]

I don't know what school you go to, but I think most schools have access to do a Lexis search. Ask at your librarian to help you log in. As for topics, if you wanted to stick with the political or historical subject, you can't go wrong with war pictures. Unless your teacher or professor is extremely lonely and/or perverted I'd stay away from pornography as a subject. Besides which, "researching" porn would not be easy to do and you would be exposing yourself (no pun intended) to viruses and the other nasty things floating around out there.

[erbiumfiber]

PLF

It is the nature of the law to argue endlessly about things that have already been said...besides if you need citations to printed material, your topic might be harder- yes, you can be way more original if you're not limited to citing "x" number of sources from "x" different types of sources but it is the nature of school to assign soul-destroying work...

I thought dillon's original idea was pretty interesting- needed narrowing as suggested by NERD- the shooting photograph is an excellent choice- but annoyingly, the teacher nixed it as not controversial enough. History is a little more interesting than the foul deeds committed by a bunch of thugs but, hey, I'll admit to having chosen a paper topic more than once in my life based on the ready availability of sources.

Boring but very controversial topic (in my tiny little world):
When can a photograph replace a drawing in a patent application??

[erbiumfiber]

Hey, you can combine war and porn in one topic!!!

There is a home-made porn site out of FLA where people submit porn of themselves and their friends. Soldiers in Iraq were given free access to this site if they submitted pictures of themselves in Iraq. Well, a lotta guys posed with dead bodies and the like- I have seen these pictures and they are pretty freakin' gruesome- a couple were printed by some alternative paper that did an in-depth article about it.

The Pentagon was asked about it but apparently they didn't really care. So...dead Iraqis for porn. It just doesn't get any worse than that...

[Pierrot le Fou]

Discuss the fact that all Japanese cellphones must make a sound when taking a photo to prevent photos from being taken without the knowledge of the person being photographed. Discuss whether or not that requirement is legitimate or not when compared with the fact that it may hinder crime prevention due to the fact that capturing a crime on film may announce your presence to the criminal.

Bring up cases of upskirt photos and crimes stopped by cellphone cameras. Bring up sources explaining the low violent crime rate, and higher incidence of sex-based crimes. Then whip it all together into a compelling argument stating that no matter how horrid it may sound, the dignity of a thousand Ms. Yamada's is more important than catching the Yakuza beating on Mr. Tanaka.

It's in the public good.

[erbiumfiber]

OK a journal article from the American Bar Association on photographs of Martha Moxley...

http://www.abanet.org/crimjust/cjmag/19-1/skakel.html