Real Evidence Flashcards
What is real evidence?
Actual physical evidence addressed directly to trier of fact. May be direct, circumstantial, original or demonstrative/prepared
What are the authentication requirements for real evidence?
(1) Object must be identified as what proponent claims it to be — either by
(A) testimony of a witness recognizing the object
(B) evidence of substantially unbroken chain of possession
(2) if condition is significant, it must be shown to be in substantially the same condition at trial
(3) balancing against potential issues like physical inconvenience, impropriety, undue prejudice
When are photos, reproductions, and other explanatory real evidence admissible?
When value is not outweighed by the danger of unfair prejudice. Items that are solely explanatory are usually allowed at trial but not admitted into evidence (not given to jury in deliberations). Maps/charts/models etc must be authenticated.
When is exhibition of a child permitted in a paternity suit?
To show whether they are the same race as putative father, and in some courts, for proving physical resemblance of the putative father
When are injuries allowed to be exhibited in a personal injury or criminal case?
Generally admissible but court can exercise discretion to exclude based on unfair prejudice
When can the court permit the jury to view the scene at issue?
May do so at discretion in either kind of case, with consideration given to necessity of viewing and changes in condition of premises
When may demonstrations/experiments be performed at trial?
Court has discretion to allow this. Experiment must be performed under conditions substantially similar to original event. Demonstrations of bodily injury cannot unduly dramatize the injury
