Real Evidence Flashcards
What is real evidence?
Real or demonstrative evidence is actual physical evidence addressed directly to the trier of fact. It may be direct, circumstantial, original, or prepared.
What must real evidence be to be admissable?
relevant and either of these:
1) authenticated by testimony or it was held in a substantially unbroken chain of custody
2) Condition of the object is same as it is in trial
3) some principle does not outweigh the need to bring it in
Are relevant photos, diagrams, maps, or other reproductions admissable?
yes as long as they are not outweighed by the danger of unfair prejudice or only used for explanatory purposes
Can you recreate a experiment?
Yes as long as it is substantially the same conditions as those attending the original event.
Must maps, charts, models be authenticated?
yes