Physical Evidence
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.
A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.
Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.
Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with associated circumstances, is authentication of evidence.
5. Positive voice identification through a mechanical or electronic transmission such a recording device. A voice recording is sufficiently identified based upon hearing the voice under circumstances associating it with the presented evidence.
B. List and explain six (6) ways that photographic, recorded, and computer generated evidence can be used in a trial.
1. Telephone conversations. Evidence that a call was made to a particular number assigned at the time by the telephone company, and the details of that call such as time length of call and content are available for verification.
2. Public records or reports. Evidence of recorded writing or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, from a public office where this type of items are stored.
3. Ancient documents or data compilation. The evidence that a document or information in any form has existed for more than 20 years or is in such condition that will not raise any suspicion concerning its authenticity at the time of submission.
4. Processor system. This evidence explaining a procedure or system applied in achieving results must be shown before its approval.
5. Methods provided by statute or rule. This includes any system of authentication outlined by an Act of Congress or as stipulated by the Supreme Court...
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