Pg 11 Flashcards
What is the standard for the authentication technique of an opinion identifying a person’s voice?
The court decides if a reasonable jury viewing the evidence most favourable to the proponent could believe the witness had sufficient familiarity to identify the voice and that the identification is accurate
Can a D be compelled to speak in front of a witness and use specific words without violating the fifth?
Yes, because that protects against being forced to testify against yourself in giving evidence of a testimonial nature, but not simply speaking
Can a sound recording be authenticated?
Yes, if proper foundation is laid to show that it fully, fairly, and accurately reflected the conversation
If a recording is inaudible, incomplete, incomprehensible, or has questionable authenticity, what usually happens to it?
It is excluded under FRE 403
Can a transcript be used to assist a jury in listening to a sound recording?
Yes, because the recording is the evidence, so it controls if there is a discrepancy. Transcripts can go to the jury room
If each party can’t agree on what a sound recording says, each can introduce what?
Their own transcript for the jury to decide which one is accurate
If an audio recording shows a defendant confessing to a crime, what would be the situation that the recording would be excluded?
If it was just a segment, where the two hours of tape beforehand is the police beating the man into confessing. Then it would not be a fair or accurate depiction of the circumstances that the confession was made
Is it permissible to testify to identify a person’s voice if the witness only heard the person’s voice one time at the scene of the crime?
Yes
What is involved in the authentication process that is evidence about a phone conversation?
A person called the number listed and there was something to indicate that the caller was really them through either self identification or for a business, evidence of matters within the purview of the business being discussed, or recognizing the voice of the person on the other line
Is it enough for authentication about a phone conversation for the person that answers to identify themselves?
Yes
If a caller found a listed number for a massage parlor, called the parlour and discussed services and prices, is that enough to constitute authentication for evidence about a phone conversation?
Yes
What is required for authentication to happen through evidence about a public record?
Evidence is introduced that a document was recorded or filed in a public office as authorized by law, or a purported public record/statement is from the office where the item of this kind is kept
What kind of things would be included in the authentication of evidence about a public record?
Memo, report, data compilation, any written material including ESI
What types of public entities are sufficient for authentication of evidence about a public record?
Local, state, federal, and foreign records
Describe how you would authenticate evidence about a public record?
Produce the original record plus provide testimony about it being from a public office or produce a duplicate of the record that is authorized by law like a certified copy and provide testimony that someone compared the copy with the original and says it is correct
What is the ancient documents/data compilations authentication?
This requires witness testimony to establish that the location and circumstances of delivery do not create suspicion. Must show:
– that the documents are in a condition that creates no suspicion about their authenticity
– in a place where they would likely be if they were authentic
– at least 20 years old when offered
What is involved in the process or system evidence authentication of a document?
Must provide evidence that the system produces an accurate result when correctly used and operated and the process was used correctly
What are different things that would be included under the process or system evidence for authentication?
Computer records, faxes, emails, texts, websites, evidence describing the process of creating an x-ray, pictures, tape recordings, computer records, radar records, scientific surveys with evidence to show a process
When can computer-generated records be authenticated?
If it is shown that the computing equipment was standard, entries were made in the regular course of regularly done business, at or near the happening of an event recorded by or for someone within business that has personal knowledge, that the computer process produces an accurate result when correctly used, and it was used correctly
Does a person that is laying the foundation for a process or system evidence have to have technical skills or understand how a computer works?
No, they just need personal knowledge of the record creation, storage, and about how the system works so that they can say it did work
What are some of the different ways that an email, text, website, or social media can be authenticated?
Through the reply doctrine, distinctive characteristics, chain of custody, or process or system evidence
What is a way to authenticate evidence through a method provided by statute?
Can be through any method of authentication that is allowed by a federal statute or a Supreme Court rule
What is considered to be demonstrative evidence for authentication?
Charts, diagrams, maps, or illustrations. These are just representations of facts, and not items directly from the scene. So they are helpful for the jury to understand the facts, but they do not go to the jury room for deliberation
What is the question that should be asked when considering demonstrative evidence for authentication?
Did the item fairly depict what it purports to depict? I.e.: a hand drawn diagram that is not drawn to scale (may or may not matter)
What is the test for authenticating a photograph?
Whether the picture fairly and accurately depicts what it purports to depict
What is the actual evidence when a photograph is involved?
The place or thing that the photograph depicts, not the photograph
