Tangible evidence: Authentication Flashcards
(11 cards)
Authentication
Includes documents and other real evidence
First step
Must be authenticated
Authenticated evidence must be?
sufficient evidence to support a finding that the thing is what its proponent claims it is
Just because evidence is authenticated, does not mean that?
the court finds the evidence to be authentic- that is left to the jury to decide
Ways to authenticate real evidence
-Personal knowledge (witness testimony that recognizes/identifies item)
-Distinctive features or markings
-Chain of custody (technique showing the location of the evidence for different periods leading up to trial)
Ways to authenticate documentary evidence
-By stipulation or by operation of procedural rules
-Eyewitness testimony combined with distinctive features
-Ancient documents
-Reply letter doctrine
-Handwriting vertification
-Self authenticating documents
Ancient documents
-At least 20 years old;
-in a condition unlikely to create suspicion; and
-was found in a place where such documents would be if they were authentic
Reply letter doctrine
authenticated by evidence that it was written in response to another communication
Handwriting verification
expert witness comparing handwriting with a sample known to be genuine; or lay witness w/ personal knowledge of handwriting
Self authenticating documents include:
-public documents bearing a government seal
-certified copies of public records
-official publications issued by public authority
-newspapers and periodicals
-trade inscriptions
-notarized documents
-commercial paper
-business records certified by custodian of records
Oral statements authentication methods
-Voice identification
-Speaker said details that the only the speaker would know
-callers dialed the number believed to be the speakers and the speaker identified himself
-caller dialed a business and spoke w/ a person who answered question about business regularly conducted over the phone
