Is Enya unfairly prejudicial?

Fueled by technology and a powerful victims’ rights movement, “victim impact videos” are becoming staples in criminal trials nationwide. The increasingly sophisticated multimedia presentations depict victims from cradle to grave, often with soft music in the background, tugging on the heartstrings of jurors. Defense lawyers say the videos are highly prejudicial and have sought to have them banned.

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But the Supreme Court this month declined to hear challenges to two such videos, including one of Sara Weir, a dark-eyed 19-year-old who was raped and murdered in 1993. The video contains more than 90 photos of Weir and is set to the haunting tones of Enya…

Evan Young, the lawyer who failed to persuade the Supreme Court to take up the Weir video challenge, said she thinks they tilt the scales against defendants. “Without limits on the use of this technology,” she wrote in her brief, “capital trials become theatrical venues, and the determination whether a defendant receives a death sentence turns on the skill of a videographer.”

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