Real ("demonstrative") Evidence

Question 1

What is “real (or demonstrative) evidence”?

Answer 1

“real evidence” = actual physical evidence addressed directly to trier of fact

May be –> direct, circumstantial, original, or prepared (demonstrative)

Question 2

What are the requirements for admission of “real evidence” (3)?

Answer 2

1. Authentication (object identified as what claimant purports it to be)
2. Condition of object
3. Balancing test - legal relevance

Question 3

What is the rule with regards to authentication of real evidence (2)?

What is the CA rule?

Answer 3

Real evidence must be authenticated by:
1. TESTIMONY of witness that she RECOGNIZES object as what proponent claims it is; OR
EXAMPLE –> witness testifies that the gun is the one she saw at the scene

2. Evidence that object has been held in SUBSTANTIALLY UNBROKEN CHAIN OF POSSESSION
   EXAMPLE –> blood taken for blood-alcohol test

CA Rule –> SAME

Question 4

With regards to real evidence, what is the rule re: condition of evidence?

Answer 4

If the CONDITION of the object is significant, it must be shown in SUBSTANTIALLY the same condition at trial

Question 5

With regards to real evidence, what is the rule re: balancing test - legal relevance?

Answer 5

Some other policy/principle may outweigh need to admit the real evidence

EXAMPLES –>

1. physical inconvenience of bringing object into courtroom
2. indecency or impropriety
3. undue prejudice

Question 6

What are examples of real evidence?

Answer 6

1. reproductions and explanatory real evidence
   Examples: photographs, diagrams, maps, other reproductions
   -NOTE: items used entirely for explanation are usually allowed at trial but not admitted as evidence
2. maps, charts, models
   - NOTE: must be authenticated that they are faithful reproductions
3. exhibition of child in paternity suits
4. exhibition of injuries
5. jury view of the scene
6. demonstrations