Authentication Flashcards
What is authentication of evidence?
Proof that an item of evidence is what it says it is or is what we say it is.
How can authentication often be accomplished?
By the testimony of a person who personally took a picture, typed and signed a document, or recorded a video or song.
What are the three types of evidence referred to as ‘writings’ under the Evidence Code?
- Photographs
- Handwritten documents
- Recordings
Is it required for the actual author of ‘writings’ to testify for authentication?
No, the law does not require the actual subscriber or author to testify.
Who can authenticate a photograph?
A person pictured in the photograph, the person who took the photograph, or a person who was present but not photographed.
Who can authenticate handwriting?
The author, or a person familiar with another person’s handwriting.
Who can authenticate a recording?
A participant in the recording, such as an interviewing detective, or a person who was present.
What issue does the proliferation of social media pose for authentication law?
The need for expert testimony to authenticate social media records.
Do Facebook.com and Instagram.com send custodians of records to court?
No. You need another expert.
Who can be helpful as witnesses in social media evidence cases?
Persons who have communicated with the defendant via social media.
What do sections 1552 and 1553 provide?
Rebuttable presumptions of accuracy for printed records of computer information, computer programs, video images, and other digital media.
What is the voluminous records hearsay exception?
Designed for cases with large amounts of documents, allowing a qualified witness to summarize records.
Under section 1523(d), what can a qualified witness do?
Summarize voluminous records if they cannot be examined in court without great loss of time.
What should a witness be permitted to testify about when reviewing thousands of cancelled checks?
The total value of the checks reviewed.
