Evidence-Wellborn SU2006 Outline

Subject only to reversal for abuse of discretion

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: what the proponent claims. When real evidence is offered, often its condition as well as its identity is important! Proper foundation must include evidence that the item is in substantially the same condition when presented as at the legally material time. Testimony of witness with knowledge; chain of custody: In the case of an object or document that has unique or distinctive characteristics; testimony of a single person who received the item at the relevant time normally suffices to identify it in court. Where the object is NOT distinctive in appearance, a so-called "chain of custody" may be required in order to establish that the item presented at trial is indeed the same one that had a role in the events at issue. Chain of custody = testimony of each person who had custody of the item, from the time of its discovery or initial connection with the case to the time of its presentation at trial Ex: bodily fluid, bullet shards [United States v. Jackson defect in the chain of custody normally goes to the weight, not the admissibility of the evidence] UNITED STATES v. JOHNSON [Authentication and Identification Real Evidence; FRE 901] Facts: Victim attacked by an ax. Prosecution tries to get ax into evidence, victim says he is pretty sure that it is the ax, not positive, but pretty sure. Issue: Was it error to admit the ax into evidence even though the witness failed to state specifically that he could distinguish...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online