Chapter 3 - Sources of Evidence: Physical Evidence (Evidence Book p. 127-128) Flashcards
_____________ exhibits are usually visual exhibits that are created for trial in order to help clarify or explain a witness’s testimony.
Demonstrative
Powerpoint Presentation listing elements of a claim
Demonstrative Evidence
a timeline of events
Demonstrative Evidence
an explanatory diagram
Demonstrative Evidence
a directional map
Demonstrative Evidence
a photograph that helps explain a witness’s testimony
Demonstrative Evidence
Some judges allow __________ exhibits to go back to jury deliberation room, while others allow them only to be considered as exhibits in open court while a witness is testifying.
demonstrative
___________ exhibits are also often used by expert witnesses to help explain or clarify their technical or scientific opinions or theories of the case.
demonstrative
Typically these kinds of exhibits are not substantive evidence from the case itself (like a contract or letter), but are instead later created for trial as a visual aid to assist or clarify a witness’s testimony. What does this refer to?
Maps, Charts, Graphs, Diagrams
The four elements to lay the foundation for the exhibit with the witness are
1. ?
2.
3.
4.
- what the exhibit represents
The four elements to lay the foundation for the exhibit with the witness are
1.
2. ?
3.
4.
- that the witness is familiar with the exhibit or what it represents
The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3. ?
4.
- why the witness has that familiarity
The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3.
4. ?
- that the exhibit is a fair and accurate depiction of what it represents at the time it was perceived.
The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3.
4.
- what the exhibit represents
- that the witness is familiar with the exhibit or what it represents
- why the witness has that familiarity
- that the exhibit is a fair and accurate depiction of what it represents at the time it was perceived.
_____________ can be admitted at trial as a demonstrative exhibit used to help witnesses explain or clarify their testimony (if the witness actually viewed the scene and can state that the __________ is a fair and accurate depiction of what is depicted in the photograph.)
photographs
photograph
However, if there is no witness who can testify as to the scene to establish that it is a _______ and _______ depiction, then a much more elaborate foundation for the ___________ must be laid in order to provide some factual basis for its authenticity.
fair and accurate
photograph
Is the individual who took the photograph required for authentication?
NO
If a witness actually saw what is depicted in the photograph, then the witness merely needs to confirm that the photograph is a _____ and _______ depiction thereof at the time and date in question.
fair and accurate
If a witness actually saw what is depicted in the photograph, then the witness merely needs to confirm that the photograph is a fair and accurate depiction thereof at the time and date in question. The __________ of the exhibit, or lack thereof, is in the ___________ of that ___________.
reliability
testimony of that witness
Demonstrative Use - Eyewitness
The photograph itself is technically not the evidence; instead, the _________ about the photograph is the evidence.
testimony
Substantive Use - No Eyewitness
If there were no witnesses who actually saw what is depicted in the photograph, then there must be some other evidence that the item is what is ________ to be.
purports
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1. ?
2.
3.
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- how the video was recorded
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2. ?
3.
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- how the surveillance camera was activated
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3. ?
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- how and when the recording was removed
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4. ?
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- the chain of custody of the recording
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4.
5. ?
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- how it was properly handled
For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4.
5.
6. ?
The reliability of the exhibit is in the operation and maintenance of the surveillance camera
- and whether qualified technicians were operating and maintaining the camera
Many attorneys use computer animations, re-creations, and simulations to help explain in more vivid detail the ____________ of eyewitnesses or expert witnesses.
testimony
Demonstrative Use - Eyewitness or Expert Witness.
If a witness actually saw what is depicted in the animation, or if it clarifies the expert witness’s theory of the case, the exhibit needs to be a _____ and ________ depiction thereof. The reliability of the exhibit is in the testimony of that witness.
fair and accurate
Substantive Use - No Eyewitness, Results Computer Generated.
If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1. ?
2.
3.
The reliability of the exhibit is in the integrity of the computer program.
- the computer is functioning properly
Substantive Use - No Eyewitness, Results Computer Generated.
If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1.
2. ?
3.
The reliability of the exhibit is in the integrity of the computer program.
- the input and underlying equations are sufficiently complete and accurate (and disclosed to the opposing party.)
Substantive Use - No Eyewitness, Results Computer Generated.
If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1.
2.
3. ?
The reliability of the exhibit is in the integrity of the computer program.
- The program is generally accepted by the appropriate community of experts, the program generates accurate and reliable predictive results, and the program was properly handled and maintained by qualified computer technicians, etc.
Self - Authenticating Exhibits. What rule?
902
Rule 902
Self-Authenticating Exhibits
Under Rule _______, there are 12 specific examples of certified, or public, or other specialized, formal documents that are considered to have a sufficient intrinsic (built-in) foundation, in light of the special preparation and official maintenance of the documents.
Rule 902
