! 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.
- 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
- 901 further provides that cell phones can be authenticated by subpoena phone logs. — Phone calls= Verizon
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)