Authentication

Question 1

Authentication

Answer 1

The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what it s proponent claims.

(Why should I believe you or this piece of evidence - Does the evidence have some bearing, and is it true/correct?)

Question 2

Personal knowledge

Answer 2

Easiest way to authenticate is a witness has personal knowledge about what he – saw, heard, felt, tasted, smelled.

Question 3

Tangible objects

Answer 3

Party wishes to enter some tangible object into evidence.

Witness must testify to object’s:
o Appearance
o Contents, substance, internal patterns; or distinctive characteristics

Question 4

United States v. Johnson

Answer 4

• Ax – should the court let it in?
• Court – let the ax in. Person was pretty sure – let it go to jury to decide weight/persuasiveness
• Would have helped if said that recognized distinguishing characteristic of the ax, or even better that this was the ax used
• Now you can even use something that represents the ax – demonstrative evidence

Question 5

Writings/Email

Answer 5

Writings can be authenticated via:

o Personal knowledge of the content (ex. yes I prepared this)

o Lay opinion handwriting identification (ex. recognize signature on check is my husband’s signature) - Civilian does not need to be handwriting expert – just need to be familiar with someone else’s writing

• May have to lay foundation:
  • Ex. seen mom’s signature a hundred times
  • Ex. get check from roommate each month and see her signature each time
• A non expert’s opinion that handwriting is genuine based on a familiarity with the handwriting
• And such familiarity was not acquired for purposes of the current case

o Expert opinion handwriting ID

o Distinctive characteristics: The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances

Question 6

Recordings

Answer 6

Recordings can be authenticated via:
• Personal knowledge of voice (Opinion identifying a person’s voice, whether heard firsthand or recorded)

• Testimony that:
o Recording device capable of taking the conversation 
o Operator of device competent
o Recording authentic and correct
o No additions or deletions
o Recording preserved appropriately 
o Speakers identified
o Statements made appear voluntary

Question 7

United States v. Oslund

Answer 7

• Defendant shot security guard – friend wired recorded his confessions to the robbery/murder
• D challenges admission of tapes – gaps in audio tape

Court: You can get the context despite the gaps – goes to weight, not admissibility

Question 8

Object recognition

Answer 8

Photos, X-rays, Computer print outs.

Photos: What you want is anybody to say that photograph accurately represents the crime scene on that date/your car/what it is meant to be a photograph of - anybody can authenticate a photograph

X-rays: You will need the lab tech to testify. Or might recognize limb or something b/c have metal in it, can testify to that.

Computer print outs: Who printed this? What kind of computer is this? This is the program I used. Opposing party has to try to show it is a fraud, etc.

Question 9

Telephone conversations

Answer 9

• Can self-identify
• Foundation laid by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if
(A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called
(B) in the case of a person, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone

Question 10

United States v. Pool

Answer 10

• Gang members use monikers - How do you know “Chip” is really someone – unless you’ve met this person and they told you their nickname
• Phone call b/w agent and “Chip”
• Cannot identify that “Chip” and that person are one in the same

[Contrast w/ self-identifying with actual name - can be evidence they are who they say they are]

Question 11

Ancient Documents

Answer 11

Evidence that a document or data compilation, in any form,

(A) is in such a condition as to create no suspicion concerning its authenticity,

(B) was in a place where it, if authentic, would likely be, and

(C) has been in existence 20 years or more at the time it is offered

Don’t need someone to testify – self authenticating.

Question 12

Public Records or Reports

Answer 12

Evidence that
• a document was recorded or filed in a public office as authorized by law; or
• a purported public record or statement is from the office where items of this kind are kept

o AND, if Certified under Self Authenticating Exhibit, no witness is needed to testify as to where this document was retrieved (get a seal on it)

• Prevents county reporter clerk from having to come to court to say pulled the file and the birth certificate from file, and yes accurate copy of that birth certificate
• Xeroxed copy done by clerk, sealed by clerk

(Either have a seal or have clerk testify)

Question 13

Self Authenticating

Answer 13

(1) Seal
(4) Certified
(5) Official publications (books, pamphlets, or other publications by public authority)
(6) Newspapers and Periodicals