LAW - Case Preparation

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Module 7 - Homework Assignment

[INSERT TITLE HERE]

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Allied American University

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This paper was prepared for [INSERT COURSE NAME], Module 7 - Homework Assignment, taught by [INSERT INSTRUCTOR’S NAME].

Module 7 - Homework Assignment

During trials, judges are often asked to rule on the admissibility of electronic evidence. How the court rules on questions of admissibility could substantially impact the outcome of a civil lawsuit or determine the difference between conviction or acquittal of a defendant.

When using photographic evidence in a court of law, there are times when digital imaging is considered by law enforcement personnel. If it is being considered, concerns are apparent as to their admissibility as evidence since digital photographs are more easily altered than film-based photographs. It is also believed by some to not even be admissible in a court of law.

Principal requirements to admit any photographs as evidence, either digital or film-based), must be relevant and authenticated. If the photograph(s) are admitted by stipulation by both parties, the party attempting to admit the photograph(s) into evidence must be prepared to offer testimony that they are accurate and a genuine representation of the crime scene. This means that someone must testify that they accurately portray the scene as viewed by that witness.

A reference to this would be in the case of Staggs, Steven., Crime Scene and Evidence Photographer's Guide, Staggs Publishing, 2005.State of Washington v. Eric Hayden, 1995. A homicide case was taken through a Kelly-Frye hearing in which the defense specifically objected on the grounds that the digital images were manipulated. The court authorized the use of digital imaging and the defendant was found guilty. In 1998 the Appellate Court upheld the case on appeal.

In regards to using audio as evidence, FEDERAL RULE OF EVIDENCE 901 (A) provides in general terms that the requirement of authentication or identification as a condition precedent to the admissibility of evidence is satisfied by proffered proof sufficient to support a finding that the matter in question is what its proponent claims it to be. For example, in the case of United

Module 7 - Homework Assignment

States v. Kandiel, the court ruled that any question concerning the credibility of a witness who identifies voices on a tape recording admitted into evidence simply goes to the weight which the

jury accords the evidence, not its admissibility.

There are certain rules that must be followed when using audio as evidence. Some of these rules are that the recording device must have been capable of taking the conversation now offered in evidence, the operator of the device must be competent to operate the device, the recording itself must be authentic and correct. Others include changes, additions or deletions have not been made in the recording, the recording must have been preserved in a manner that is shown to the court, and the conversation elicited was made voluntarily and in good faith, without any kind of inducement.

The admissibility of video evidence sometimes proves their value time and again. They can take the jury out of the courtroom and into the life of a crime scene with an immediacy that can be compelling. As one court has stated, Balian v. General Motors Corp., 296 A.2d 317, 324 (N.J. Super. Ct. App. Div. a motion picture in the eyes of the jury is one of the most spectacular forms of evidence. Although courts today try to understand this electric frontier, it's important to stress that this type of evidence is subject to the same rules of evidence as paper documents. This type of electronic evidence can also be subjected to manipulation and authorship is often disputed, the requirement to “authenticate” is usually the most difficult to overcome. Authentication means that the party offering the electronic evidence must present sufficient evidence to support a finding that the exhibit in question is what the proponent claims it to be.

Video, still images and audio files created by law enforcement agencies themselves should be controlled at all times so the data cannot be tampered with and in the same way that evidence is

Module 7 - Homework Assignment

controlled. The necessity to maintain a chain of custody requires documentation of where the evidence was kept, who had access to it, and who actually had possession of the evidence at each point in time. A record must be kept documenting the transfer of evidence from one person to another.