Real Evidence Flashcards
What is real evidence
A. Real evidence is actual physical evidence
General conditions of admissibility
a. Authenticated either through
i. Testimony of witness
ii. Evidence that object has been held in substantially unbroken chain of possession (like blood taken for BAC test)
b. Condition of object—if condition matters, must be in the substantially same condtion as at trial
c. Balancing test—legal relevance. Must balance inconvenience of bringing it into the room, indecency or undue prejudice
specific types of real evidence
a. Reproductions and explanations
i. Photos, maps, other reproductions allowed AT TRIAL value is not outweight by prejudice. usually not admitted into evidence
b. Maps charts models must be authenticated as faithful reproductions
c. Brining out the child to show whether she is the race fo the putative father is allowed.
i. Courts are divided about bringing out the child for jury to examine physical resemblance
d. Exhibiting injuries usually allowed, but court may exclude if prejudicial
e. Jury view of the scene—up to trial court discretion
f. Demonstrations- up to discretion of court.
i. But cannot demonstrate bodily injury if dramatic.
