Authentication Flashcards
Authentication Requirement
To satisfy the requirement of authentication or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
This is a conditional relevance issue.
Authenticating Objects
1) testimony of a witness who recognizes the item because of some unique characteristics of the item; or
2) Chain of custody evidence - testimony of each person who had custody of the item to show that some process of identification or custody was followed. It must also show that the item is in substantially the same condition.
In both, the condition of the object must be shown to be in the substantial same condition at trial.
Authenticating Handwriting and Signatures
1) Testimony from someone who saw it being written or signed; or
2) opinion testimony by a lay witness who is familiar with the person’s writing (FAMILIARITY MAY NOIT BE ACQUIRED FOR THE PURPOSE OF LITIGATION); or
3) Allowing the trier of fact to compare the writing with a known exemplar; or
4) comparison by an expert witness; or
5) circumstantial evidence - the writing makes references to facts only known by the author
Ancient Documents (authentication)
Evidence that:
1) is in a condition that creates no suspicion about its authenticity;
2) was in a place where, if authentic, it would likely be; and
3) it at least 20 years old when offered
Authenticating Oral Statements
1) Testimony by someone who heard the call either firsthand or recorded and can testify to personal familiarity with the voice (FAMILIARITY MAY BE ACQUIRED FOR LITIGATION); or
2) the speaker knew of facts that only a particular person would know; or
3) the witness called the person’s phone number and the person answered and identified themselves; or
4) the witness called a business and talked with the person who answered the phone about matters relating to the business
Authentication Photographs
Testimony by a witness who identifies the photograph who is familiar with the scene or object it depicts and testifies that the photo is an accurate depiction of that scene or object
The photographer does not need to be called to testify
Authenticating CGI
Testimony from the expert witness that the CGI is accurate representation of his testimony, and testimony from the person who created the CGI about the method of making the CGI
Authenticating Photos or Videos From Unattended Cameras
Must produce evidence describing the process os system the camera used which shows that it produces an accurate result. The requires a showing of reliability of the process that produced the photo or video.
Xray and electrocardiograms
it must be shown that the process used is accurate, the machine was working, and the operator was qualified to operate it. Finally, a custodial chain must be established the assure that the X-ray has not been tampered with.
Self Authenticating Documents
Extrinsic Evidence is not required to prove the authenticity of the following:
1) Domestic public documents that are signed and sealed and similar official foreign public documents
2) official publications
3) certified copies of public records
4) newspapers and periodicals
5) trade inscriptions and labels
6) notarized documents
7) commercial paper and related documents
8) business records that are certified if the opponent is notified with reasonable written notice and an opportunity for inspection
Demonstrations
the court, in its discretion, may permit experiments or demonstrations to be performed in the courtroom.
An experiment must be performed under conditions that are substantially similar to those attending the original event.
Demonstrations of bodily injury may not be allowed where the demonstrations would be unduly traumatizing to the jury.
