Real & Demonstrative Evidence: Applications & Theory 2003 Edition

Overview

Physical objects, still and moving photographs, audio recordings, diagrams and other graphics, models, re-enactments and demonstrations, computer generated evidence, and documents are among the tools Rychlak explains how lawyers can use in courtrooms as part of arguing a case before the jury. To the 1995 first edition, he adds a chapter on remote sensing and satellite imaging. He also offers advice on finding or preparing evidence, using real evidence before and after as well as during a trial, foundations, ...
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2003 Hardcover 2nd edition. 8vo, hardcover. No dj, as issued. New. Still in shrinkwrap--never opened, never used. xxv, 626 p., illus.

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Overview

Physical objects, still and moving photographs, audio recordings, diagrams and other graphics, models, re-enactments and demonstrations, computer generated evidence, and documents are among the tools Rychlak explains how lawyers can use in courtrooms as part of arguing a case before the jury. To the 1995 first edition, he adds a chapter on remote sensing and satellite imaging. He also offers advice on finding or preparing evidence, using real evidence before and after as well as during a trial, foundations, objections, handling exhibits in the courtroom, and other matters. Annotation ©2003 Book News, Inc., Portland, OR
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Product Details

  • ISBN-13: 9780327162377
  • Publisher: LEXIS Publishing
  • Publication date: 9/28/2002
  • Edition number: 2
  • Pages: 625

Table of Contents

Chapter 1 Introduction
1-1. The Importance of the Visual 1
1-2. The Importance of Real and Demonstrative Evidence 2
1-3. Illustrative Cases 5
1-4. Types of Demonstrative Evidence 6
1-5. Real Evidence 7
1-6. Jury Views 8
1-7. Demonstrative Evidence 8
1-8. Foundations 12
1-9. Strategic Concerns About Demonstrative Evidence 14
1-10. The Concern of Overproduction 15
1-11. Ethical Considerations 15
1-12. Stipulations 16
Chapter 2 Finding or Preparing the Evidence
2-1. Remembering the Details 17
2-2. Memorializing the Scene 18
2-3. Preparing Photographs, Slides, and Videotapes 20
2-4. Which Type of Photographic Evidence is Best? 21
2-5. Making a Model 25
2-6. Preparing Charts, Graphs, and Diagrams 26
Chapter 3 Real and Demonstrative Evidence Away from Trial
3-1. Introduction 35
3-2. Settlement Negotiations 36
3-3. Discovery 37
3-4. Motion Practice 46
3-5. Preparation of Witnesses 54
3-6. Protecting the Record 55
3-7. Post-Judgment Phase 58
Chapter 4 Use at Trial
4-1. Introduction 59
4-2. Courtroom Logistics 60
4-3. The Jury Book 62
4-4. Materials Presented by the Attorney 64
4-5. Jury Views 83
4-6. Countering an Opponent's Demonstrative Evidence 89
4-7. Duty to Disclose 89
Chapter 5 Foundations
5-1. Introduction 91
5-2. General Foundation Checklist 92
5-3. Real Evidence 92
5-4. Demonstrative Evidence 98
Chapter 6 Objections
6-1. Introduction 107
6-2. Timing of an Objection 108
6-3. Planning in Advance for Objections 110
6-4. Adopting Your Opponent's Exhibit 110
6-5. Probative Value and Prejudicial Impact 111
6-6. Prejudice in the Exhibition 116
6-7. Illustrative Case 117
6-8. Stipulations 118
6-9. Illustrative Cases 118
6-10. Not Substantially Similar/Changed Circumstances 119
6-11. Cumulative 120
6-12. Foundation Problems 121
6-13. Relevancy and Materiality 123
6-14. Hearsay 124
6-15. Best Evidence 126
6-16. Unfair Surprise 127
6-17. Other Objections 127
Chapter 7 Handling the Exhibit in the Courtroom
7-1. Introduction 129
7-2. Marking the Exhibit 129
7-3. Show the Exhibit to Opposing Counsel 130
7-4. Show the Exhibit to the Witness 131
7-5. Lay the Foundation for the Exhibit 131
7-6. Offer the Exhibit into Evidence 132
7-7. Publish the Exhibit 133
7-8. Exhibits Designed to Illustrate the Testimony of Witnesses 134
Chapter 8 Real Evidence at Trial
8-1. Introduction 137
8-2. Foundations 138
8-3. People as Real Evidence 140
8-4. Animals 144
8-5. Example of Foundation for Real Evidence 144
Chapter 9 Photographic Evidence
9-1. Introduction 149
9-2. Substantive and Illustrative Photographs 150
9-3. Foundations 155
9-4. Prejudicial Impact and Probative Value 165
9-5. Use 173
9-6. Special Photographs 174
9-7. Objections 176
9-8. Jury Considerations 180
9-9. X-Rays and Other Matters not Visible to the Naked Eye 182
9-10. Videotapes 191
9-11. Surveillance Films of Plaintiffs 212
9-12. Videotaped Depositions 215
9-13. Common Videotape Objections 218
9-14. Motion Pictures 220
9-15. Slides 223
9-16. Laser Disk Displays 226
9-17. Overhead Projections 228
Chapter 10 Tape Recordings
10-1. Introduction 231
10-2. Foundations 231
10-3. Voice Identification 234
10-4. Example of a Foundation for a Sound Recording 235
10-5. Unintelligible or Foreign Language Recordings 236
10-6. Emergency 911 Tapes or Transcripts 238
10-7. Use of Tape Recordings at Trial 238
10-8. Objections 239
10-9. Transcripts 241
10-10. Foundations 243
Chapter 11 Diagrams, Drawings, Maps, Charts, and Graphs
11-1. Introduction 245
11-2. Diagrams 247
11-3. Drawings 255
11-4. Maps 260
11-5. Charts and Graphs 263
11-6. Displaying the Exhibit 272
Chapter 12 Models
12-1. Introduction 277
12-2. Should You Use a Model? 278
12-3. Preparation of the Model 279
12-4. Foundations 287
12-5. Use of Models at Trial 295
12-6. Special Considerations 299
12-7. Objections 302
12-8. Objection Checklist 304
Chapter 13 Reenactments, Demonstrations, and Experiments
13-1. Introduction 305
13-2. Who Should Present the Demonstration? 309
13-3. Planning for the Presentation 310
13-4. Filmed Experiments and Reenactments 312
13-5. Problems with Recorded Reenactments 313
13-6. In-Court Reenactments 315
13-7. Foundation 316
13-8. Demonstrations as Opposed to Re-Creations 323
13-9. Experiments 324
13-10. Filmed or Videotaped Out-of-Court Experiments 325
13-11. Use of a Model for an Experiment/Demonstration 327
13-12. Destructive Testing 329
13-13. When It Goes Wrong 329
Chapter 14 Computer-Generated Evidence
14-1. Introduction 333
14-2. Costs 335
14-3. Doing Your Own Computer Work 337
14-4. Inputting the Data 337
14-5. Computer Printouts 339
14-6. Computer Graphics 347
14-7. Animation 348
14-8. Simulations Versus Reconstructions 350
14-9. Computer Enhancements 351
14-10. Preparing Computer-Generated Evidence 352
14-11. Questions of Complexity 353
14-12. Photorealistic Graphics 354
14-13. Animation Foundation 355
14-14. The Presentation 360
14-15. Discovery and Confidentiality Concerns 364
14-16. Presenting the Computer Graphic to the Jury 365
14-17. Working with Computer Experts 370
14-18. Objections to Computer Evidence 371
14-19. Computer Evidence as Hearsay 373
14-20. Purchasing Hardware 375
14-21. Purchasing Software 375
Chapter 15 Documents
15-1. Introduction 380
15-2. Organization 380
15-3. Foundations 382
15-4. Displaying your Documents to the Jury 390
15-5. Use By the Jury During Deliberations 394
15-6. Summaries 395
15-7. Duplicates and the Best Evidence Rule 402
15-8. Deposition Transcripts 408
15-9. Admission of Statements by a Party-Opponent 410
15-10. Written Confessions in Criminal Cases 411
15-11. Books and Texts 412
15-12. Pleadings 414
Chapter 16 New Scientific Evidence
16-1. Introduction 417
16-2. The Old Standard--Frye 417
16-3. The New Standard--The Federal Rules 418
16-4. The Relationship Between Frye and the Federal Rules 423
Chapter 17 Working with expert witnesses
17-1. Introduction 425
17-2. Reasons for Using an Expert 425
17-3. Hiring an Expert 427
17-4. Reviewing Credentials 428
17-5. Planning the Expert's Testimony 429
17-6. Foundation 431
17-7. Working With the Expert in Court--Tactical Considerations 436
17-8. Discovery Concerns 437
Appendix A. A Selected Bibliography
Articles 439
Books and Pamphlets 444
Appendix B. The Federal Rules of Evidence
Text 447
Appendix C. Examples of Real and Demonstrative Evidence
Example 1. Computer Simulation of Vehicle Accident 477
Example 2. Production of Computer-Generated Evidence 478
Example 3. Production of a Model 479
Example 4. Presentation of Real Evidence at Trial 480
Table of Cases 481
Table of Statutes
Index
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