! Ray- Essay Evidence Flashcards

1
Q

Authenticate Phone Call

A

R: In order to be able to admit the content of phone calls into evidence prosecution would have to authenticate the phone calls, and identify voice as D.

  1. 901 sets forth that anyone who HEARD d may offer an opinion on voice identification based on familiarity with voice. — W= identify voice based on past circumstances
  2. 901 further provides that cell phones can be authenticated by subpoena phone logs. — Phone calls= Verizon
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2
Q

Relevance: Similar Prior Acts

A

RL: Pa rule 402 provides that relevant evidence is admissable unless otherwise provided by law. Evidence is relevant when it has a tendancy to make a material fact of consequence more or less probable. Irrelevant evidence=not admissable.

Relevant “Similar occurences” D knew or should have known likelyhood of injury. (have to be same steps)

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