State v. Pulphus, 465 A.2d 153 (R.I. 1983)
A photograph may be admissible as substantive evidence rather than solely as illustrative evidence to support a witness's testimony, provided that sufficient foundation testimony is given to show the circumstances under which the photograph was taken and the reliability of its production process. Many other jurisdictions, however, have permitted photographs to be used as substantive evidence as well as merely demonstrative evidence. United States v. Stearns, 550 F.2d 1167 (9th Cir.1977); United States v. Gray, 531 F.2d 933 (8th Cir.1976), cert. denied, 429 U.S. 841, 97 S.Ct. 117, 50 L.Ed.2d 110 (1976); United States v. Taylor, 530 F.2d 639 (5th Cir.1976), cert. denied, 429 U.S. 845, 97 S.Ct. 127, 50 L.Ed.2d 117 (1976); State v. Kasold, 110 Ariz. 558, 521 P.2d 990 (1974); Fisher v. State, 7 Ark.App. 1, 643 S.W.2d 571 (1982); People v. Bowley, 59 Cal.2d 855, 382 P.2d 591, 31 Cal.Rptr. 471 (1963); People v. Doggett, 83 Cal.App.2d 405, 188 P.2d 792 (1948); Oja v. State, 292 So.2d 71 (Fla.Dist.Ct.App.1974); Bergner v. State, Ind.App., 397 N.E.2d 1012 (1979); State v. Holderness, 293 N.W.2d 226 (Iowa 1980); Litton v. Commonwealth, 597 S.W.2d 616 (Ky.1980); State v. Young, 303 A.2d 113 (Me.1973); Sisk v. State, 236 Md. 589, 204 A.2d 684 (1964); King v. State, 108 Neb. 428, 187 N.W. 934 (1922); People v. Byrnes, 33 N.Y.2d 343, 308 N.E.2d 435, 352 N.Y.S.2d 913 (1974); State v. Hunt, 297 N.C. 447, 255 S.E.2d 182 (1979); Dunford v. State, 614 P.2d 1115 (Okl.Cr.App.1980); State v. Brown, 4 Or.App. 219, 475 P.2d 973 (1970); State v. Goyet, 120 Vt. 12, 132 A.2d 623 (1957); Ferguson v. Commonwealth, 212 Va. 745, 187 S.E.2d 189 (1972), cert. denied, 409 U.S. 861, 93 S.Ct. 150, 34 L.Ed.2d 108 (1972). Writers and commentators have likewise urged that photographs should be used as substantive as well as demonstrative evidence. See generally McCormick's Handbook of the Law of Evidence § 214 (2d ed. Cleary 1972); 2 Scott, Photographic Evidence § 1001 (2d ed. 1969); Gardner, The Camera Goes to Court, 24 N.C.L.Rev. 233 (1946). Used in this manner, photographs become independent "silent witnesses." People v. Bowley, 59 Cal.2d 855, 859, 382 P.2d 591, 595, 31 Cal.Rptr. 471, 474-75 (1963). Thus, a witness need not testify that the photograph accurately represents what he observed; the photograph, once properly admitted, "speaks for itself." III Wigmore on Evidence § 790 (Chadbourn rev.1970).
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