Authentication Flashcards
What is Authentication (Rule and Definition)
Rule 901: Authentication Evidence
In General: to satisfy authentication, proponent must produce evidence sufficiennt to support a finding that the item is what the proponent claims it is
How does Rule 901: Authentication compliment rule 104: Conditional Relevancy?
An items relevancy depends on its authenticity in many instances. For it to be relevant, you must offer sufficient proof it is what it is
Role of Jury v. Judge in Authentication?
The Judge allows evidence in or not based upon whether it is sufficeintly authenticated…..
The jury makes the final decision if the item is “authentic” though
What types of evidence can be used to authenticate an item?
1) Testimony with firsthand knowledge
2) Non expert opinion on handwriting
3) Comparison by expert or trier of fact
4) DISTINCTIVE CHARACTERISTICS
5) Opinion about a voice
What steps would you take to authenticate an item?
1) Court marks exhibit for ID
2) offer testimoney describing it
3) offer of exhibit
4) change to examine and object
5) ruling on evidence and ask permission to present to the jur
What are the types of items we learned how to authenticate?
1) Tangible objects
2) Writings
3) Emails
4) Photos
5) Self-Authenicated Exhibits found in FRE 902
What happened in US v. Johnson regarding “tangible objects”
Witness testifies that he is “pretty sure” it is the defendant’s axe
Holding: Pretty sure is good enough for “sufficiency”
NOTE: remember, the jury assigns weight while the judge examines sufficiency!
What happened in US v. Howard-Arias? (the pot on a boat case)
Issue: was the authentication testimony, albeit outside a true chain of custody, sufficiently complete
Answer: missing link does not prevent the admission of real evidence, so long as there is sufficient proof that the evidence is what it purports to be and has not been altered in any materiel aspect
Note: must convince court it is improbable item was tampered with, also…review here is for abuse of discretion…no way its overturned
When is Authentication Required?
When you have:
1) fungible goods,
2) that are capable of being tampered with, or
3) capable of degredation
What does US. v Bagaric say about authentication?
Using FRE 904(b)(4), the Court held that there was ample demonstration that the letter was what the government claimed.
Note: Here, distinctive characteristics in a letter can include names, references, and other things
Can sylistic patterns like spelling errors authenticate a writing?
Yes, see US v. Larson where the guy was fucked because his mispellings were distinctive.
Can similar internal patterns of dictiation be useful in determining authenticity of the recorded voice?
No, probably not. ppg 860 in the book
What is the letterhead doctrine?
Letterheads are generally self-authenticating, and most always are if signed.
However: Must also factor in how available letterhead is to the public!
Problem 13-E: How do you authenticate a photo taken at an intersection where an accident occured?
Don’t need photographer
Might need the cop to testify:
1) photo is of the interestion
2) testify to same location
3) testify to all changes
4) Most important: “It is a fair an accurate represntation”
US v. Poole…………was there sufficient evidence to authenticate a phone call?
No, there was insufficeint evidence to authenticate the voice…
- ->just because Chip is Larry’s nickname, doesn’t mean caller is saying “I am Chip” is Larry
- -> Caller identified himself and the police officer had NEVER SPOKEN to him
What is Self-Authentication, and where is it found?
FRE: 902 sets forth a list of items that are, by definition, self-authenticating
What is the Best Evidence Doctrine (Original Document Rule)?
FRE 1002–> an original writing, recording, or photo is required in order to prove its content unless the rules or federal statute provides otherwise
When are Duplicates Admissible?
FRE: 1003–> a duplicate is admissible to the same extent as the original unless a GENUINE QUESTION is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate
note: Must resolve 1003 issues through 1008–> question goes to the jury!
What did the court say about Duffy’s shit in US. v Duffy
1) The Court said a shirt reading “D-U-F” could be a writing or “inscribed chatel”
2) Court calls it inscribed chattel and does not apply BED because the letters were easiliy remembered
What are the US v. Duffy factors to be aware of when distinguishing between inscribed chattel and a writing (3)
1) Precision in presenting to the court the exact words of the writing is more than average importance because slight variations might make a huge deal
2) Substantial hazard of inaccuracy in the human process of making a writing
3) Risk of error in remembering the contents of a writing when you testify to it in court
Does the B.E.D apply to paintings or drawings?
It def applies to drawings
If you have multiple writings that purport to be the original, how do you decide?
Consider the elements of the • Charge • Claim • Intention of the parties • Surrounding circumstances • Purpose of the offer
