I'm a newbie and certainly not a legal brain, but what is the difference between the jury looking at a photo of say blood spatter evidence coupled with testimony from a blood spatter expert and a can of "odor" coupled with an odor experts testimony? Or even hearing a recording that is verified by an expert? Those situations do not seem to make a juror a witness to me. Isn't one sense just as good as another? Or am I just way off base?
Well, I am not a biologist :crazy:, but I think that the sense of smell is processed differently than say vision. The real issue is that the smell itself is not being presented as evidence. For a photo, the photo is presented and testimony is given to explain what it is. Same for a recording. In order to validate a smell to the jury, IMO, they would have to bring a fresh corpse in and let the jury smell what the example dead body smells like for reference so that they can know that the smell in the can is the same. (This is what one of JA's examples did. They brought fresh marjuana in for the jury to compare the smell with.)