Authentication

Question 1

Authentication

Answer 1

FRE 901: Proponent fo real evidence must provide sufficient evidence that the thing is what the proponent purports it to be

sufficiency standard: Laying foundation of personal knowledge

*trial judge may admit evidence on the condition that the proponent supplies the evidence connection the item before the close of evidence

Question 2

Documents (In General)

Answer 2

1. Someone saw it made or executed, or
2. explicit/implicit admission of authenticity
3. Received in response to writing to purported author
4. Refers to matters known by author
5. Other characteristics or circumstances tie it to the purported author or
6. Handwriting/Signature recognized by lay person with knowledge, or expert fact finder using known exemplars,
   - lay witness that has personal knowledge of signature, jury comparing writing samples, expert compares

Question 3

Acknowledged Documents

Answer 3

Self Authenticating (FRE 902)

examples:
official publications 
domestic or foreign public seal 
certified copies of public records/business records
Newspapers/periodicals

code: doesn’t cover newspapers

Question 4

Trade Inscriptions & Commercial Paper

Answer 4

Self Authenticating

-NO similar provision under Cali Law

Question 5

Photographs

Answer 5

Someone with knowledge of the matter depicted says that the photo fairly and accurately depicts the matter

probative value: changes in the matters portrayed affect the probative value of photographs and can be ground for excluding them

Question 6

Tangible Evidence

Answer 6

Distinguishing marks or chain of custody
-show that the results of the substance tested came from the accused

Sufficiency standard: Law threshold, allows small fears of someone tampering with the evidence locked up not taken into concern

Question 7

Voice Identification

Answer 7

Authentication through a witness that is sufficiently familiar with the accused’s voice to say it is the accused on the tape

Question 8

Audio Tapes

Answer 8

Same as Voice ID (authentication through a witness that is sufficiently familiar with the accused); plus testimony of completeness; no unfair editing

Question 9

Videotape/Movies

Answer 9

Same as photographs (someone with knowledge of the matter depicted says that the video/movie fairly and accurately depicts the matter)

Question 10

Experiments

Answer 10

Scientific reliability- substantially similar conditions