Authentification and Identification Flashcards
Two Classifications of Evidence
Testimonial
Tangible
Rule 901 - Requirement of Authentication or Identification
Authentication
a condition precedent to admissibility
evidence is sufficient to support a finding
that the matter is what proponent claims it to be
Types of Tangible Evidence
Real Evidence
Demonstrative Evidence
Real Evidence - Defined with examples
Physical or documentary evidence connected with the case.
Writings, recordings, photographs and self authenticating documents
Demonstrative Evidence
Relevance dependent on ability to explain or simulate material facts in a case.
Maps, charts, models, visual aids, etc
Foundation requirements for demonstrative evidence
Must fairly and accurately represent the scene.
Witness is substantially familiar with items or scene shown.
Authentication of Real Evidence
- personal knowledge.
- distinctive characteristics
- chain of custody for fungible items
*break in the chain will not automatically render inadmissible
goes to the weight of the evidence. - Photographs must accurately portray what it depicts. Authentication of the photographer is not required.
Examples of persons with who may authenticate documents (5)
- Custodian
- Preparer-Author
- Eye witness to signing
- Expert Testimony
- By the jury
How Circumstantial Evidence may Authenticate a Document
Reply Doctrine:
A reply to a letter is evidence that the reply was written by the person to whom the letter was sent.
Authentication of Ancient Documents
Hearsay exception - a document is sufficiently authenticated as an ancient document if the proponent shows:
- writing is at least 20 years old and
- Found in its proper place - a place where it would be expected to be found.
Authentication of Handwriting
- Lay person with familiarity with the handwriting.
- Expert opinion
- By the trier of fact - judge or jury.
Familiarity is a weight of the evidence issue. However, familiarity cannot be acquired for purpose of litigation.
Authentication of Voice Identification
All voices must be identified when a phone conversation or recording is offered into evidence.
may be corroborated by direct, indirect, and circumstantial evidence
Authentication of Telephone Calls
call was made to an assigned number,
the call is assumed to have gone to that person.
call was made FROM an assigned number,
the call is assumed to have come from the person assigned
Similar assumptions for social media.
call made to a business is
assumed related to transactions engaged in by that business
Authentication of Experts - Rule 903(b)(1)
Evidence of the accuracy of the process or system is required by:
testimony that scientific or technical method produces a specific result and may show how the process is accurate.
Experts may also authenticate a scientific device under Daubert of Frye
Self-Authentication - Rule 902
Self Authenticating documents
CONTAC
Certified Documents Official Publications Newspapers and Periodicals Trade Inscriptions Acknowledged Documents Commercial Paper