Real Evidence Flashcards
What is real evidence?
Actual physical evidence addressed directly to the trial of fact. It can be direct, circumstantial, original, or prepared (demonstrative)
To be admissible, real evidence must meet what requirements?
It must be relevant AND:
- Authenticated
- In substantially the same condition
- Legal relevance must be balanced with policy that may outweigh the need to admit
What is authentication?
The object must be identified as what the proponent claims it to be.
How do you authenticate real evidence?
EITHER BY:
1. Testimony of a witness that she recognizes the object as what the proponent claims it is (e.g. witness testifies that gun is the same one she found at crime scene)
OR
2. Evidence that the object has been held in a substantially unbroken chain of possession (e.g. blood taken for blood-alcohol test).
When must the condition of the object be shown to be in the same condition?
If the condition of the object is significant.
What do we balance in weighing the legal relevance of real evidence?
Some auxiliary purpose or principle may outweigh the need to admit the real evidence.
What are the policies that may outweigh admitting real evidence?
Such policies include physical inconvenience of bringing the object into the courtroom, indecency or impropriety, or undue prejudice.
What are some particular types of real evidence/proof?
Reproductions and explanatory real evidence Maps, charts, models Exhibition of child in paternity suits Exhibition of injuries Jury view of the scene Demonstrations
What are reproductions and explanatory real evidence?
Relevant photographs, diagrams, maps, or other reproductions are admissible if their value is not outweighed by the danger of unfair prejudice.
Are reproductions and explanatory evidence admissible into evidence?
No, they are generally not given to the jury during deliberations.
Maps, charts, and models are admissible for what purpose?
To illustrate testimony.
What must be shown in order to admit maps, charts, and models?
You must authenticate the documents with testimonial evidence that they are faithful reproductions of the object or thing depicted.
What is exhibition of child in paternity suits?
Almost all courts permit exhibition of a child to show whether she is of the race of the putative father. But courts are divided with respect to the propriety of exhibition for the purpose of proving physical resemblance to the putative father.
When are exhibition of injuries permitted?
In a criminal case, they are generally permitted. But the court has discretion to exclude evidence if unfair prejudice.
Can a jury go view the places at issue?
The trial court has discretion to permit the jury to view places at issue in a civil or criminal case. Need and condition are relevant. (prongs 2 and 3)
When are demonstrations admissible?
Experiments or demonstration may be performed but demonstrations of bodily injury may not be allowed where the demonstrations would unduly dramatize the injury.
