Authentication Flashcards
What is authentication?
It is a process used to establish that a piece of evidence is what the proponent claims it is.
How can authentication be done?
1) Testimony of a witness with knowledge of an item;
2) Comparison with an authenticated specimen by an expert or juror;
3) Testimony of a witness as to distinctive characteristics.
What is required to prove chain of custody?
In play with generic or common items, frequently drugs. The witness must testify that the item is the “same item” and in “substantially the same condition.”
What does a break in the chain of custody go towards proving?
Any defect in the chain of custody goes to the weight of the evidence, not the admissibility of the evidence.
Does an examination of handwriting violate the 5th amendments right against self incrimination?
No. A handwriting exemplar is identifying a physical characteristic which falls outside the protection of the 5th amendment.
FRE 901(b)(2): Handwriting Opinions
A non-expert may testify that the handwriting is genuine as long as the familiarity with the handwriting was not acquired for the current litigation. A sufficient familiarity with the handwriting of another person may be acquired by seeing him write, exchanging correspondence, or by other means.
FRE 901(b)(5): Identifying voices
Lay Witnesses opinion as to familiarity with a voice based on hearing that voice at anytime.
What is required to authenticate photos?
The photographer is not needed to authenticate the photograph. Any witness familiar with what it portrays may authenticate it.
Counsel may then challenge the authentication on cross-examination.
What must be considered when attempting to authenticate emails?
1) It bears the purported author’s email address;
2) Content reflects knowledge of the purported conduct;
3) Author identifies himself via his purported nickname or provides other identifying information.
