State v. Robbins, 666 A.2d 85 (Me. 1995)
The trial court has broad discretion in determining the admissibility of evidence, and the photographic lineup was relevant to and probative of the accuracy of the witness's identification of Robbins as the perpetrator. M.R.Evid. 401, 402, 403. Generally, however, the State cannot introduce evidence in its case in chief tending to show the bad character of the accused for the purpose of inducing belief in his guilt or disposition to commit the crime of which he is charged. M.R.Evid. 404(b). The fundamental reason why a "mug shot type photograph" of a defendant may be inadmissible is that it tends to inform the jury that the defendant may have a prior criminal record, thereby reflecting unfavorably on the accused's character. [6] See D.H. White, Annotation, Admissibility, and Prejudicial Effect of Admission, of "Mug Shot," "Rogues' Gallery" Photograph, or Photograph Taken in Prison, of Defendant in Criminal Trial, 30 A.L.R.3d 908 (1970 & Supp.1995).
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