17. Real Evidence Flashcards

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1
Q

What are the types of real evidence?

A

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

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2
Q

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

A

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

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3
Q

What is the burden of proof standard for authentication?

A

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

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4
Q

What is the difference between real and demonstrative evidence?

A

Real evidence

  • Tangible objects
  • Documents

Demonstrative evidence
- Representative/Illustrative of object or situation

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5
Q

How may chain of custody authenticate an object?

A

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

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6
Q

What is required for demonstrative evidence to be admissible?

A

Authentication

- W testimony (ANY person with personal knowledge)

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