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Foundations for Documentary Evidence

Foundations for Documentary Evidence. Do Problem 52. Videotape. Surveillance Video – Photographs. Fair & Accurate Representation W has personal knowledge Photo is F&A record Silent Witness Method ID process or system Show it yields accurate result Show process started Show proper usage

jacqueline-bowers
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Foundations for Documentary Evidence

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  1. Foundations for Documentary Evidence

  2. Do Problem 52

  3. Videotape

  4. Surveillance Video – Photographs • Fair & Accurate Representation • W has personal knowledge • Photo is F&A record • Silent Witness Method • ID process or system • Show it yields accurate result • Show process started • Show proper usage • Show lack of tampering • ID output • Chain of custody to trial

  5. Bullet – Real Evidence • Unique Characteristics • Existence of unique characteristic • Initial Observation • ID of object by characteristic • Object in same condition or ID changes

  6. Bullet – Real Evidence • Chain of Custody • Initial receipt (time & place) • Safeguarding while possessed • Transfer to next link (or retention until trial • Optional: ID as same and any changes

  7. Death Certificate – FRE 902(2) • Signed Bill Jones, Assistant Coroner Wyandotte Co. • Plus Certified by Carl Clerk • Plus Clerk’s seal affixed • Signed Bill Jones, Assistant Coroner Wyandotte Co. with Jones’s seal affixed

  8. Death Certificate – FRE 902(2) • Signed Bill Jones, Assistant Coroner Wyandotte Co. • Plus Certified by Carl Clerk • Plus Clerk’s seal affixed • Signed Bill Jones, Assistant Coroner Wyandotte Co. with Jones’s seal affixed

  9. I’m sorry I killed that girl

  10. Written Document • Author / Signer Testimony • Witness to Signature • Witness familiar with handwriting • Seen signing in past • Business dealings • Correspondence • Anything not in anticipation of litigation • Comparison w/exemplars by • Expert • Finder of Fact • Not lay witness

  11. Phone Call – Phone Mail Message • Speaker Testimony • Witness to statement • Witness familiar with voice • Hearing speak in past • Business dealings • Conversations • Anything not in anticipation of litigation • Comparison w/exemplars by • Expert • Finder of Fact • Lay witness is OK

  12. 3 Sorts of Summaries • Evidentiary Summaries (FRE 1006) • Secondary Evidence Summaries • (FRE 1004) • Pedagogical Summaries (FRE 611)

  13. Evidentiary Summaries (1006) • Voluminous Writings • Underlying Writings • Admissible but • Need not be admitted • Made available • At reasonable time • To check summary’s accuracy • Summary Accurate • Summary Not Too Prejudicial

  14. 2ndary Evidence Summaries (1004) • Can be used even where underlying documents cannot be produced because lost etc. • If requirements of original documents rule satisfied • Proponent has excuse for non-production

  15. Pedagogical Summaries (611) • Underlying Evidence • Must be in the record • Need not be voluminous • Could be testimony or documents • Summary • not independent evidence • Must be “helpful”

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