Real Evidence

Question 1

Real evidence

KEY TAKEAWAYS

Answer 1

• Addressed directly to the trier of fact
  = presented for inspection by trier of fact
• Allows triers of fact to reach conclusions based upon their own perceptions rather than relying upon those of witnesses

Question 2

TYPES OF

Real evidence

Answer 2

1. Direct
2. Circumstantial
3. Original
4. Demonstrative

Question 3

General conditions of admissibility

REAL EVIDENCE

Answer 3

Admissible if

1. Authenticated
2. Probative
3. Legally relevant

Question 4

Authentication

COMMON METHODS

Answer 4

1. Recognition testimony

2. Chain of custody

Question 5

Authentication

MEANING

Answer 5

= must first be identified as being what proponent claims it to be

Question 6

Recognition testimony

FOUNDATIONAL REQUIREMENTS

Answer 6

1. If object has significant features that make it identifiable upon inspection,
2. a witness may authenticate the object
3. by testifying that the object is what the proponent claims it is

Question 7

Chain of custody

FOUNDATIONAL REQUIREMENTS

Answer 7

1. If the evidence is of a type that is likely to be confused or can be easily tampered with,
2. the proponent of the object must present evidence of chain of custody
3. The proponent need not negate all possibilities of substitution or tampering
   (but must show adherence to some system of identification and custody)

Question 8

How can the proponent of the object present evidence of the chain of custody?

Answer 8

By showing that the object has been held in a substantially unbroken chain of possession

Question 9

Probativeness

MEANING

Answer 9

1. CONDITION OF OBJECT = Object must be shown to be in substantially the same condition at trial
2. USEFUL PROBATIVENESS = Object must be logically helpful or reliable in tending to prove the proposition in issue

Question 10

When must the object be shown to be in substantially the same condition at trial?

Answer 10

If condition of the object is significant

Question 11

Legal relevance

Answer 11

Discretion of the trial judge is called upon to decide whether some auxiliary policy or principle outweighs the need to admit the real evidence

Question 12

Policies limiting use of real evidence

Answer 12

1. Physical inconvenience of bringing object into courtroom
2. Indecency or impropriety
3. Undue prejudice outweighs probative value

Question 13

Types of real evidence

Answer 13

1. Reproductions and explanatory real evidence
2. Maps, charts, models, etc.
3. Exhibition of injuries
4. Jury view of the scene
5. Demonstrations

Question 14

Reproductions

ADMISSIBILITY

Answer 14

= admissible if their value is not outweighed by danger of unfair prejudice

Question 15

Items used entirely for explanatory purposes

ADMISSIBILITY

Answer 15

= permitted at trial but are usually not admitted into evidence or given to jury for deliberations (merely used as aids to testimony)

Question 16

Maps, charts, models, etc.

ADMISSIBILITY

Answer 16

• Admissible for the purposes of illustrating testimony
• BUT must be authenticated to show that they are faithful reproductions
• Introduction within discretion of court = may be excluded where would be wasteful of time or would unduly impress trier of fact with importance of the material

Question 17

Exhibition of injuries

ADMISSIBILITY

Answer 17

Generally permitted in personal injury or criminal case

Question 18

Jury view of the scene

ADMISSIBILITY

Answer 18

Permitted in trial court’s discretion sparingly in both civil and criminal cases, considering

1. Importance of information that could be obtained by a view
2. Ease with which other representative evidence could be substituted for such a view
3. Significant changes of condition in the premises

Question 19

Jury view of the scene

PROCEDURE

Answer 19

• Trial judge usually need not be present during view
• View will be conducted by disinterested court attache
• Parties and attorney usually permitted to attend, but cannot engage in any commentary

Question 20

Demonstrations

ADMISSIBILITY

Answer 20

Court may permit experiments or demonstration to be performed in the courtroom

Question 21

Demonstrations

EXAMPLES

Answer 21

1. Demonstrations showing effect of bodily injury
2. Demonstrations under sole control of witness
3. Scientific experiments

Question 22

Demonstrations showing effect of bodily injury

RULE

Answer 22

Usually excluded where exhibition would

1. Reveal hideous wounds
2. Elicit cries or pain
3. Or otherwise unduly dramatize the injury and inflame the minds of the jurors

Question 23

Demonstrations under sole control of witness

RULE

Answer 23

Excluded

b/c not subject to effective cross-examination

Question 24

Demonstrations under sole control of witness

EXAMPLE

Answer 24

= injured P attempt to demonstrate paralysis by showing he cannot move a limb

Question 25

Scientific experiments

RULE

Answer 25

Judge may permit scientific experiments provided

1. The conditions are substantially similar to those that attended the original event AND
2. The experiment will not result in undue waste of time or confusion of the issues