17. Real Evidence

Question 1

What are the types of real evidence?

Answer 1

Reproduction/Explanatory evidence

• Photos/Diagrams/Maps/Reproductions
• Probative value > Unfair prejudice
• To be used as aid to testimony (NOT show to jury by reading as exhibit)
• To explain issue entirely

Maps/Charts/Models
- To illustrate testimony

Exhibits

• To prove child is related to father by race (paternity suits)
• To prove injuries (personal injury suits)

Jury view of scene

Demonstrations of bodily injury
- NOT unduly dramatic

Experiments

Question 2

What is required for real evidence to be admissible (address directly to trier of fact)?

Answer 2

1) Relevant

2) Authenticated
- By W testimony (personal knowledge)
- By distinctive features
- By chain of custody

3) Been in substantially same condition at trial (if significant)

4) Evidence not outweighed by (balancing test);
- Physical inconvenience in bringing object into courtroom (burdensome)
- Indecency/Impropriety
- Undue prejudice

Question 3

What is the burden of proof standard for authentication?

Answer 3

Whether a reasonable person would believe it is authenticated
- Below preponderance of evidence

Question 4

What is the difference between real and demonstrative evidence?

Answer 4

Real evidence

• Tangible objects
• Documents

Demonstrative evidence
- Representative/Illustrative of object or situation

Question 5

How may chain of custody authenticate an object?

Answer 5

ALL Ws who handled object must testify;

1) Date + location of taking custody of object
2) Preservation precautions
3) NO substitution/tampering of object while in custody
4) Date + location of relinquishing object

Question 6

What is required for demonstrative evidence to be admissible?

Answer 6

Authentication

- W testimony (ANY person with personal knowledge)