Kaplan Pgs 499-506 - Authentication and Contents Flashcards
All evidence can be classified as one of what two things?
Either tangible or testimonial
What are the three types of tangible evidence?
– real evidence
– demonstrative evidence
– scientific evidence
What kinds of things are considered to be real evidence?
– documentary evidence: letters, contracts, books, newspapers, motion pictures, tape recordings, x-rays, photos, ancient writings, computer print outs, hand writing specimens
- voice samples: voice identifications, telephone conversations
– physical objects: weapons, drugs, clothing
– displays in court: exhibiting a body part or a physical disability like a limp, a view of the scene, comparing physical characteristics in a paternity case
What is demonstrative evidence?
A term of art for evidence whose relevance depends on its ability to explain or simulate material facts in the case. This includes maps, charts, diagrams, and scale models. This type of evidence requires testimonial foundation to establish its admissibility, but it is generally only used to explain things and not as substantive evidence
What is scientific evidence?
Scientific tests and experiments such as psychiatric testing, chemical analysis, blood tests, ballistics, forensic analysis, radar, voice prints, fingerprinting.
These tests require minimum foundational safeguards of reliability. Experiments and theories must be recognized and accepted in the given scientific field, test conditions must show substantial similarity to the condition of the issue, and the person performing the experiment must be qualified and attest to the proper working order of any equipment used
Are polygraph tests admissible in court?
Generally no, but some jurisdictions allow them with written stipulation, subject to judicial discretion and a limiting instruction
What are the steps to admit a non-testimonial piece of evidence?
– The item must be deemed relevant
– then it must be authenticated
What is authentication?
This is used for non-testimonial evidence and is accomplished by laying foundation of preliminary evidence that is sufficient to sustain a finding that the matter is what it purports to be.
This can be done through direct identification, testimony, or circumstantial evidence
What is an example of authenticating evidence through circumstantial evidence?
If you mail a letter to your friend, and your friend sends a reply that makes reference to your letter, that circumstantially establishes the authentication of your friend’s reply letter as being written by him. AKA: reply letter doctrine
What are the different age specifications for the ancient document rule to apply under modern and common law?
– common-law: the document must be 30 years old
– modern law: the document must be 20 years old
What is considered to be an “original“ photograph?
The negative or a print form of a picture
When does the best evidence rule apply?
Only when the contents of a writing or document are at issue
If first-hand testimony, instead of a record of an event, is used to prove the content of the record, does the best evidence rule apply?
No because then the event is the thing in issue, not the record of it.
I.e.: someone who bought goods can testify that she paid for them without producing a receipt that shows it. Or a mother that gave birth can testify that she gave birth without showing a birth certificate.
Would the wording on a tombstone be within the best evidence rule?
No, unless the item could easily be brought into court and the exact words were necessary to the case
What are situations that a duplicate would be admissible under the best evidence rule?
Duplicates are admissible to the same extent as originals unless:
– a genuine question is raised about the original’s authenticity, or
– the circumstances make it unfair to admit the duplicate
***Under common law: photocopies are not treated as originals
