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Criminal Evidence

Submitted by cbe1897 on March 25, 2008

Category: Miscellaneous
Words: 1023 | Pages: 5
Views: 102
Popularity Rank: 95,401
Average Member Grade: N/A (Add a Comment / Grade this Paper)

Evidence is used to prove or disprove a theory in criminal or other legal proceedings. The rules of evidence are very important in court proceeding to ensure only facts are submitted for consideration by a judge, jury, or other legal authority. Evidence is traditionally broken down into the following categories:
Real Evidence
To be admissible, real evidence, like all evidence, must be relevant, material, and competent. The relevance and materiality of real evidence are usually obvious. Evid. Code § 1400; Fed. Rules Evid. 901.
Real evidence may be authenticated in three ways--by identification of a unique object, by identification of an object that has been made unique, and by establishing a chain of custody. The easiest and usually the least troublesome way to authenticate real evidence is by the testimony of a witness who can identify a unique object in court. If a witness who can establish an object's relevance to the case marks it with his signature, initials, or another mark that will allow him to testify that he can tell it from all other objects of its kind, that witness will be allowed to identify the object in court and thus to authenticate it. The third and least desirable way to authenticate real evidence is by establishing a chain of custody. Establishing a chain of custody requires that the whereabouts of the evidence at all times since the evidence was involved in the events at issue be established by competent testimony.
In that case, the evidence will be excluded unless another method of authentication can be used.
Demonstrative Evidence
Demonstrative evidence is just what the name implies--it demonstrates or illustrates the testimony of a witness.
When a photograph is authenticated by a witness who observed what is depicted in it and can testify that it accurately reflects what he saw, the photograph is demonstrative evidence. When it is authenticated by a technician or other witness who...

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