Real evidence
KEY TAKEAWAYS
- 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
TYPES OF
Real evidence
- Direct
- Circumstantial
- Original
- Demonstrative
General conditions of admissibility
REAL EVIDENCE
Admissible if
- Authenticated
- Probative
- Legally relevant
Authentication
COMMON METHODS
- Recognition testimony
2. Chain of custody
Authentication
MEANING
= must first be identified as being what proponent claims it to be
Recognition testimony
FOUNDATIONAL REQUIREMENTS
- If object has significant features that make it identifiable upon inspection,
- a witness may authenticate the object
- by testifying that the object is what the proponent claims it is
Chain of custody
FOUNDATIONAL REQUIREMENTS
- If the evidence is of a type that is likely to be confused or can be easily tampered with,
- the proponent of the object must present evidence of chain of custody
- The proponent need not negate all possibilities of substitution or tampering
(but must show adherence to some system of identification and custody)
How can the proponent of the object present evidence of the chain of custody?
By showing that the object has been held in a substantially unbroken chain of possession
Probativeness
MEANING
- CONDITION OF OBJECT = Object must be shown to be in substantially the same condition at trial
- USEFUL PROBATIVENESS = Object must be logically helpful or reliable in tending to prove the proposition in issue
When must the object be shown to be in substantially the same condition at trial?
If condition of the object is significant
Legal relevance
Discretion of the trial judge is called upon to decide whether some auxiliary policy or principle outweighs the need to admit the real evidence
Policies limiting use of real evidence
- Physical inconvenience of bringing object into courtroom
- Indecency or impropriety
- Undue prejudice outweighs probative value
Types of real evidence
- Reproductions and explanatory real evidence
- Maps, charts, models, etc.
- Exhibition of injuries
- Jury view of the scene
- Demonstrations
Reproductions
ADMISSIBILITY
= admissible if their value is not outweighed by danger of unfair prejudice
Items used entirely for explanatory purposes
ADMISSIBILITY
= permitted at trial but are usually not admitted into evidence or given to jury for deliberations (merely used as aids to testimony)
Maps, charts, models, etc.
ADMISSIBILITY
- 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
Exhibition of injuries
ADMISSIBILITY
Generally permitted in personal injury or criminal case
Jury view of the scene
ADMISSIBILITY
Permitted in trial court’s discretion sparingly in both civil and criminal cases, considering
- Importance of information that could be obtained by a view
- Ease with which other representative evidence could be substituted for such a view
- Significant changes of condition in the premises
Jury view of the scene
PROCEDURE
- 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
Demonstrations
ADMISSIBILITY
Court may permit experiments or demonstration to be performed in the courtroom
Demonstrations
EXAMPLES
- Demonstrations showing effect of bodily injury
- Demonstrations under sole control of witness
- Scientific experiments
Demonstrations showing effect of bodily injury
RULE
Usually excluded where exhibition would
- Reveal hideous wounds
- Elicit cries or pain
- Or otherwise unduly dramatize the injury and inflame the minds of the jurors
Demonstrations under sole control of witness
RULE
Excluded
b/c not subject to effective cross-examination
Demonstrations under sole control of witness
EXAMPLE
= injured P attempt to demonstrate paralysis by showing he cannot move a limb
