A prosecutor must authenticate a weapon by demonstrating that the weapon is the

A prosecutor must authenticate a weapon by

This preview shows page 49 - 52 out of 148 pages.

what it appears to be, not that the statements in the document are necessarily true. A prosecutor must authenticate a weapon by demonstrating that the weapon is the same weapon used in the crime. This shows that the evidence offered (the weapon) relates to the issue (the crime). If the weapon belonged to the prosecutor, it would not be relevant to the defendant’s guilt. The evidence must be relevant to the issue to be admissible.
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44 11/19/14 a. Have exhibit marked for identification. “Your Honor, please mark this as Plaintiff’s Exhibit 1 (or Defense Exhibit A) for identification.” b. Ask witness to identify the exhibit. “I now hand you what is marked as Plaintiff’s Exhibit 1 (or Defense Exhibit A). Would you identify it, please?” c. Ask witness questions about the exhibit, establishing its relevancy, and other pertinent questions. d. Offer the exhibit into evidence. “Your Honor, we offer Plaintiff’s Exhibit 1 (or Defense Exhibit A) into evidence at this time.” e. Show the exhibit to opposing counsel, who may make an objection to the offering. f. The Judge will ask opposing counsel whether there is any objection, rule on any objection, admit or not admit the exhibit. g. If an exhibit is a document, hand it to the judge. NOTE : After an affidavit has been marked for identification, a witness may be asked questions about his or her affidavit without its introduction into evidence. In order to read directly from an affidavit or submit it to the judge, it must first be admitted into evidence. Rule 602: REDACTION OF DOCUMENT . When a document sought to be introduced into evidence contains both admissible and inadmissible evidence, the judge may, at the request of the party objecting to the inadmissible portion of the document, redact the inadmissible portion of the document and allow the redacted document into evidence. PROCEDURE FOR INTRODUCING EVIDENCE : Physical evidence need only be introduced once. The proper procedure to use when introducing a physical object or document for identification and/or use as evidence is:
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45 11/19/14 Objection: “Objection. Your Honor, opposing counsel is offering into evidence a document that contains improper opinion evidence by the witness. The defense requests that the portion of the document setting forth the witness’s opinion be redacted.” Rule 603: VOIR DIRE OF A WITNESS. When an item of physical evidence is sought to be introduced under a doctrine that normally excludes that type of evidence (e.g., a document which purports to fall under the business record exception to the Hearsay Rule), or when a witness is offered as an expert, an opponent may interrupt the direct examination to request the judge’s permission to make limited inquiry of the witness, which is called voir dire .” The opponent may use leading questions to conduct the voir dire but it must be remembered that the voir dire’s limited purpose is to test the competency of the witness or evidence and the opponent is not entitled to conduct a general cross-examination on the merits of the case.
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  • Spring '17
  • mrs callman
  • attorney, new york state

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