Writings and Other Physical Evidence Flashcards

1
Q

Authentication

A

Every non-testimonial evidence (writing, photos, guns, x-rays) msut be authenticated.

proving it is what proponent of that evidence claims it to be.

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2
Q

Method of Authenticating: Signatures

A

Admission, Eyewitness Testimony, Expert/Lay Opinion, Circumstantial Evidence, Genuine Exemplar

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3
Q

Ancient Document Rule

A

Document is 20+ years old, is facially valid and found in a place of natural custody.

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4
Q

Self Authenticating Writings

A

Certified copies of public documents (deed), acknowledged documents (notary witnesses) official publications (government pamphlets), newspapers, business records, trade inscriptions(tag/label).

Oregon Specific: Documents containing data recorded by OSP and procured by data received from a computer system maintain by OSP

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5
Q

Non-Unique Items

A

Must establish chain of custody; small break is OK, large break is not

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6
Q

Best Evidence Rule

A

Applies only where evidence offered to prove content of a writing.

Writing includes: documents, videos, photos, x-rays, auto recordings, computer disks, OR ANY TANGIBLE COLLECTION OF DATA.

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7
Q

Assuming Best Evidence Applies, Why Type of Evidence Is Admissible to Prove Contents

A

Originals - computer prints AND in cases of public documents, certified copies.

Duplicates: a copy of original produced by same impression that produced original

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8
Q

Exceptions to using Duplicates

A

Attacking credibility of original document

Testimony of contents of writing may be admissible where original is lost or destroyed (UNLESS BY BAD FAITH BY PROPONENT OF TESTIMONY)

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