Evidence-Wellborn SU2006 Outline

Definitions must be read in conjunction with other

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Unformatted text preview: pered with. Issue: Was the videotape admissible even though the store owner was not there to man the video recorder at all times? Holding: The videotape was admissible under the "silent witness" theory Photographic evidence is a silent witness which speaks for itself and is substantive evidence of what it portrays independent of a sponsoring witness. All that is required is that someone testify that the video is what it purports to be! Namely a surveillance video of the store from time x to time y. Notes: Admissibility of photographic evidence is based on two different theories: There is a pictorial testimony theory of admissibility and silent witness theory. Pictorial testimony method: If the witness on the stand has personal knowledge of what the photo depicts and they can look at the photo presented to them and identify things in it. Even if a movie, don't need more elaborate testimony, just need to have a witness that says: I saw him film this and that is what happened. Only becomes admissible when a sponsoring witness can testify that it is a fair and accurate r...
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