Executive privilege page 58 of 65 nathan hardymon

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Executive Privilege Page 58 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar o United States v. Nixon They are presumptively privileged. However, they are subject to the rule that the law is entitled to every man’s evidence. Great privilege is given to military secrets. Less privilege to other communications. Confidential Informants o Roviaro v. United States Confidential information may be withheld. The privilege must give way to a need for use of an informant by the defendant in presenting a defense to the charged. The defendant must show: (1) A need for the evidence that the informant could provide. o Must be: Relevant and helpful and Necessary to guilt/innocence in a criminal case, or Necessary to a material issue in a civil case. (2) Disclosure must turn on the particular facts and circumstances of the case. Best Evidence Rule o This is kind of a misnomer. This is more of a weak preference for the original, not the best evidence. o Contents of Writings, Recordings, & Photographs FRE 1001: Definitions that Apply to This Article In this article: o (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form. o (b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner. o (c) A “photograph” means a photographic image or its equivalent stored in any form. o (d) An “original” of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, “original” means any printout — or other output readable by sight — if it accurately reflects the information. An “original” of a photograph includes the negative or a print from it. o (e) A “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other Page 59 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar equivalent process or technique that accurately reproduces the original. FRE 1002: Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. FRE 1003: Admissibility of Duplicates A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. FRE 1004: Admissibility of Other Evidence of Content An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: o (a) all the originals are lost or destroyed, and not by the proponent acting in bad faith; o (b) an original cannot be obtained by any available judicial process; I.e., beyond the scope of the subpoena power of the court.
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