authenticating demonstrative evidence
901; Conn. Code Evid., § 9-1. Identify and describe 8–10 different types of specific demonstrative evidence. The most common form is the testimony of a competent witness, based upon personal knowledge. There is no flat rule that the presence of such dangers require exclusion of the evidence; application of the balancing provisions of Fed.R.Evid. The Art of Demonstrative Evidence, TRIAL, May 2005, p. 46 2 The term “Demonstrative Evidence” is used throughout this paper for all kinds of evidence which is essentially non-verbal. Real evidence may be direct as when the condition of the object itself is in issue, or it may be circumstantial affording inferences as to facts of consequence. Such evidence may be either direct, such as an exploding bottle, or circumstantial, such as an article of clothing worn at the time of arrest by the defendant in a robbery prosecution exhibited to the jury to show conformity with eyewitness description.
... Authentication of evidence is done before evidence is admitted to the court. The showing required of direct real evidence is that it is genuinely what it purports to be and, if essential to probative value, that its condition is unchanged. Photographs – Rule 901. Visual communication is more effective than verbal, as measured by the fact we remember significantly more of what we see as compared to what we hear. the law of evidence ip 2. While it is a common practice for demonstrative evidence to be displayed and referred to without formally being admitted into evidence, the formal offering and introduction of demonstrative evidence into the record as part of the witness' testimony is preferred. Prior to the use of the visual aid, the witness will offer foundational testimony as to the representative accuracy and illustrative value of the visual aid. As categorizing evidence is vital to each case, it is also integral to the merits of your case to determine if the evidence you intend to present is in fact what you purport it to be. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. This page was processed by aws-apollo4 in 0.141 seconds, Using these links will ensure access to this page indefinitely. Pa.R.E. Demonstrative evidence, usually charts and diagrams, demonstrate or illustrate the testimony of a witness. To learn more, visit
See Nyce v. Muffley, 119 A.2d 530 (Pa. 1956). �R���;I察�x This includes evidence which is admitted into evidence and thus becomes part of the record and material which does not go out with the jury Evidence relevant to establish a fact of consequence in the litigation may take one of several forms. After the evidence is marked for identification, the proponent of the demonstrative evidence must lay a foundation. Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. 2012-19, 26 Pages
4, p. 792, 2010, University of Miami Legal Studies Research Paper No. �H��7�FR��a���45�]X3جݭVe���6�qA\�!��$ǀ���ؙ��Q�1&VPK�m�ǫ"8ji(�K$� �0J� �����H�U�����r�. What can demonstrative evidence be used to show? Demonstrative evidence such as photographs, motion pictures, diagrams and models must be authenticated by evidence sufficient to support a finding that the demonstrative evidence fairly and accurately represents that which it purports to depict. Criminal Law Bulletin, Vol. THE AUTHENTICATION OF REAL EVIDENCE.--To what extent the various objects constantly proffered to the courts as real evidence must be authenti-cated before admission and how far proponent may rely on judicial notice to supply defects in authentication, is involved in the case of State v. Pierce, 88 Atl. 46, No. Authentication Primary tabs In trial practice, the process by which a party attempting to have some sort of evidence admitted at trial must provide sufficient evidence so that a reasonable juror can conclude that the evidence the party seeks to admit is what that party claims it to be. See Nyce v. Muffley, 119 A.2d 530 (Pa. 1956). It is sometimes referred to as illustrative evidence or as evidence employed solely for illustrative purposes as distinguished from substantive evidence. Demonstrative exhibits, which are the creation of the parties, must be carefully crafted and carefully revi… Before a demonstrative exhibit may be used at trial, a witness should establish that the exhibit resembles and is substantially … Demonstrative evidence illustrates the witness’s testimony. It may include maps or diagrams. Foundation for the demonstrative evidence is established by testimony or other evidence demonstrating that the visual aid is a fair representation of the underlying witness testimony or other evidence. Demonstrative evidence such as photographs, motion pictures, diagrams and models must be authenticated by evidence sufficient to support a finding that the demonstrative evidence fairly and accurately represents that which it purports to depict. What types of evidence must be authenticated… << /Length 4 0 R /Filter /FlateDecode >> Demonstrative evidence includes models, medical devices, diagrams, photographs, sketches, and objects at issue, as well as a variety of other items. '�ڣ�6�8u_n1fv�$���Ae�#�5���v:�t.8;Qʑ15p��-����Z:QL�
�F���5�� U��/Pvhn�H_�����a���#�3��1V�[��/՚�}m�j���M�9jana�u�v�-��O�P�8���A(��Xxv)KKJ��f�m����҉yʒ-T�ge��{*4[.���mɄ;�8L����gh ��1��@�3��(R-�a���Y]y2/� c7�x$H��GU�! When issues of authentication or identification are raised, the provisions of Guide to New York Evidence rule 1.11 (Preliminary Questions) become applicable. § 9.2.1 Identification and Authentication Before any evidence, including documentary evidence, may be admitted, the proponent must make a preliminary showing, directly or indirectly, that the prof-fered evidence is genuine, i.e., that it is what it is claimed to be. The process ends by calling witnesses to corroborate the assertions (Munday, 2013). Generally, authentication can … Pa.R.E. It is at this time that the relevancy of the demonstrative evidence is usually challenged. This is called authentication. Fed. On the other hand, authenticating demonstrative evidence entails the proponent to make a claim, then proving the claim by providing demonstrations through of graphs and recordings. %PDF-1.3 2012-19, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. ))�K6ȗU;�BW�rp�0�q���
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�����f[�n��nI��ee�T���5{��q"�͙�i6UYwm�d\0�TY� In addition certain real and demonstrative evidence, such as gruesome photographs and the exhibition of hideous injuries, raise the danger of unfair prejudice. Injuries could be defined as physical or financial. Explain why. 901(b). To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. In addition, real evidence and demonstrative evidence relevant to establish a fact of consequence in the litigation may be received in evidence. � _䧨��)�[ �R�R�; In practice, exclusion is clearly the exception rather than the rule. Explain. �s�M��N�nfO���0� ���^h�f��B�ɝ=��'*�x@��.� �z��SB�2��k��5��'����?I=DVfR��HuG�^Q@�����v�iF)8����0�r����z:�=��3�M�g���Ύ���)���~�`��r��j:��2��8� Suggested Citation, P.O. (a) General provision. 403 as a danger of misleading the jury or creating confusion of the issues. To be admissible, real evidence must be authenticated, either by identification or by establishing a chain of custody. Real evidence, demonstrative evidence, and demonstrative aids constitute three different types of evidence that require varying foundational standards to be met.