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Unformatted text preview: epresentation of the subject matter. "Obviously, the photographic evidence in this case is not admissible under such a theory, since no person could verify that the video tape accurately represented what occurred at the store, based on personal observation." Silent witness testimony: Photographic evidence is a "silent" witness which speaks for itself, is substantive of what it portrays independent of a sponsoring witness. No witness that can say I saw what this movie depicts and it's accurate...then we have to resort to a certain circumstantial province; I put this in, it was set to automatically start, no one moved it etc. Some kinds of photographic evidence like X-Ray's have always been in this evidence, because unless you are like superman, you can't have ever seen what the X-Ray depicts. Authentication and Identification Demonstrative/Illustrative Evidence
GENERAL NOTES: Foundation for demonstrative or illustrative evidence: Must establish that the item depicts relevant information that is or will be proven by other, substantive evidence That it is accurate Perfect accuracy is not required, so long as, on the balance, the item is helpful. That it will probably aid the trier of fact in understanding the evidence. SMITH v. OHIO OIL...
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