Authentication and Identification

Question 1

Authentication as a condition precedent to admissibility requires evidence

Answer 1

sufficient to support a finding that the matter in question is what the proponent claims it to believe

“Sufficient evidence” is that which a reasonable juror could find “genuine” by a preponderance of the evidence

Question 2

All evidence, whether direct or circumstantial, may be classified as either

Answer 2

testimonial or tangible

Question 3

Demonstrative evidence is admissible if

3

Answer 3

its ability to explain or simulate material facts in the case.

Must assist the trier of fact 
\+
Fairly and accurately the scene
\+
Witness must be substantially familiar with the evidence shown 

e.g. maps and charts

Question 4

Real evidence may be authenticated by:

Answer 4

Testimony from witness about first hand knowledge

Distinctive characteristics:

Question 5

Chain of custody for fungible items

Answer 5

Must be used with fungible items (all items appear identical—cocaine, pills, blood). Accounting for an item’s whereabouts from the time of issue until trial. Big area for impeachment by defense counsel in criminal cases.
(2) The party entering the item must account for any change in the evidence.

Question 6

Documents may be authenticated or identified by

5

Answer 6

(1) custodian: witness must be substantially familiar with the items
(2) one who prepared the document/report (preparer of lab report)
(3) eyewitness to the signing of the document
(4) opinion by expert witness re: handwriting, fingerprints, shoe prints, tire tread marks, ballistics, etc.
(5) by the jury: comparing samples

Question 7

Three ways to authenticate handwriting

Answer 7

1. lay person familiar with the writing (≠preparing for trial)
2. comparison by expert
3. comparison by trier of fact

Question 8

A showing that a call was made to the number assigned, proves?

Answer 8

That call was received by the person assigned to that number

Question 9

A showing that a call was made from an assigned number, proves?

Answer 9

That the call came from the person assigned to a number

Question 10

Certain documents need no foundation witness to prove they are genuine
(6)

Answer 10

CONTAC

1. Certified documents (public documents under seal)
2. Official Publications by a Public Authority
3. Newspapers and periodicals
4. Trademarks
5. Acknowledged documents (notarized documents)
6. Commercial paper (bills of lading)

Question 11

When analyzing writings, the issues the proponent must overcome regarding admissibility are
(5)

Answer 11

OPRAH

1. Original writing rule
2. Privileged
3. Relevance
4. Authentication
5. Hearsay