Authentification, Identification, and Best Evidence Flashcards
Rule 901
Certain evidence requires authentication or identification. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Standard is similar to Huddleston with 104(b) - “jury could reasonably find by a preponderance of the evidence”
(1) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(2) Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
(3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
(4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
(5) Opinion About a Voice. An opinion identifying a person’s voice–whether heard firsthand or through mechanical or electronic transmission or recording–based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
(6) Evidence About a Telephone Conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to:
(A) a particular person, if circumstances, including self-identification, show that the person answering was the one called;
or
(B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
(7) Evidence About Public Records. Evidence that:
(A) a document was recorded or filed in a public office as authorized by law; or
(B) a purported public record or statement is from the office where items of this kind are kept.
(8) Evidence About Ancient Documents or Data Compilations. For a document or data compilation, evidence that it:
(A) is in a condition that creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it would likely be; and
(C) is at least 20 years old when offered.
(9) Evidence About a Process or System. Evidence describing a process or system and showing that it produces an accurate result.
(10) Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a federal statute or a rule prescribed by the Supreme Court.
Rule 902
Certain items are self-authenticating and require no extrinsic evidence of authenticity in order to be admitted
(1) Domestic Public Documents That Are Sealed and Signed.
(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified.
(3) Foreign Public Documents.
(4) Certified Copies of Public Records.
(5) Official Publications.
(6) Newspapers and Periodicals.
(7) Trade Inscriptions and the Like.
(8) Acknowledged Documents.
(9) Commercial Paper and Related Documents.
(10) Presumptions Under a Federal Statute.
(11) Certified Domestic Records of a Regularly Conducted Activity.
(12) Certified Foreign Records of a Regularly Conducted Activity.
State v. Small
D convicted of killing V. D’s wife testified that D was angry with V. Ellos, V’s friend, said he allowed V to call a number on his phone, and said he didn’t have “the money.” After V died, Ellos called the number, and a man named Dominique answered (D’s wife testified that D goes by that name), who had a Jamaican accept (D is Jamaican). They set up a time to meet and pay the money.
Trial court correctly allowed the evidence in under 901(b)(4) (distinctive characteristics) - money teal, Dominique, Jamaican, etc.
(b) (6) (phone calls) - not enough because record didn’t show that the number was assigned to any person
(b) (5) (voice identification - can’t use because Ellos couldn’t identify defendant’s voice
Simms v. Dixon
P and D disagree as to where their cars struck each other. Trial court refused to admit six photos unless person who took them testified as to how they were taken.
Trial court incorrectly excluded photographs. Only need personal knowledge about the objects in the photographs and if they accurately represent the facts allegedly portrayed
Wagner v. State
Informant made drug purchases in car equipped by police with hidden video camera. Officer testified as to installation and operation. Tested and in good order and working properly at the time. Covered by blanket. Officer followed informant in different car; diverted to parallel street when got close; observed informant during most of the travel. Did not observe the transaction. Retrieved post drug-deal and kept in exclusive custody. Trial judge admitted over D’s objection.
Trial court correctly allowed tape without “pictorial testimony” - here you have “silent witness” authentication. Photographic evidence may be admitted upon proof of the reliability of the process which produced the photo/video
Rule 1001
Definitions
(e) A “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduce the original.
Rule 1002
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
This is only when the picture/document is being used to prove its contents, not to illustrate testimony. Also if the writing, recording, or photograph is itself the issue in the litigation
Rule 1003
A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.
Rule 1004
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) the writing, recording, or photograph is not closely related to a controlling issue.
United States v. Jackson
Prosecution wants to introduce copy and pasted portion of internet chats with D accused of trying to persuade a minor to engage into sexual conduct. Original transcripts are not available because they were not properly maintained/archived. Not exactly as it appeared, could have missed something. Expert testified that this isn’t reliable method and as to errors he thought existed.
Trial court wrongly allowed transcripts in. Not properly stored to be an original nor copied to be a duplicate
