Understanding Authentication in Legal Settings
Delve into the realm of authentication in legal proceedings, where evidence plays a crucial role in substantiating documents and tangible items. Learn about the significance of authentication proof, the role of relevance, and methods like chain of custody. Uncover the nuances of taking authenticating witnesses on voir dire and the strategic purposes behind this process.
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Presentation Transcript
CHAP. 13: AUTHENTICATION Prof. JANICKE 2022
AUTHENTICATION A SUBSET OF RELEVANCE AUTHENTICATION EVIDENCE IS NEEDED BEFORE DOCUMENTS AND TANGIBLE THINGS ARE RECEIVED IN EVIDENCE 2022 Chap. 13 -- Authentication 2
USUALLY NOT NEEDED FOR TESTIMONY OATH IS THOUGHT TO BE SUFFICIENT EXCEPTION: PHONE CALLS RULES PROVIDE SOME RELAXATION, BUT AUTHENTICATION OF THE OTHER SPEAKER IS NEEDED 2022 Chap. 13 -- Authentication 3
MEANING OF AUTHENTICATION PROOF: EVIDENCE THAT THE DOCUMENT (OR PHYSICAL THING) IS WHAT ITS PROPONENT CONTENDS IT IS 2022 Chap. 13 -- Authentication 4
DOES NOT DEPEND ON DOCUMENT BEING TRUTHFUL, OR CORRECT 2022 Chap. 13 -- Authentication 5
STILL NEED RELEVANCE MUST OF COURSE STAY WITHIN THE BOUNDS OF RELEVANCE IF A STEERING WHEEL HAS NO RELEVANCE, AUTHENTICATION ALONE WON T ALLOW IT IN 2022 Chap. 13 -- Authentication 6
CHAIN OF CUSTODY IS ONE METHOD OF AUTHENTICATING ITEMS THAT COULD HAVE BEEN ALTERED NO HARD-AND-FAST REQUIREMENTS (NO WRITTEN RULE) CHAIN WITH BROKEN LINKS SOMETIMES RULED O.K. 2022 Chap. 13 -- Authentication 7
TAKING THE AUTHENTICATING WITNESS ON VOIR DIRE [REVIEW -- TEXAS : PRONOUNCED VORR DYER REST OF U.S.: VWAHR DEER ] COURT PERMISSION NEEDED FOR VOIR DIRE, PER GENERAL RULE 611(a) -- ASSIGNED BUT PERMISSION IS OFTEN ASSUMED 2022 Chap. 13 -- Authentication 8
GENERALLY IMPROPER TO TAKE THE AUTHENTICATING WITNESS ON VOIR DIRE PRIOR TO TIME WHEN THE DOCUMENT OR OBJECT IS OFFERED IN EVIDENCE 2022 Chap. 13 -- Authentication 9
STRATEGIC PURPOSES OF VOIR DIRE 1. TO DEFEAT THE FOUNDATION AND KEEP THE ITEM OUT OF EVIDENCE 2. IF THE ITEM COMES IN, TO WEAKEN ITS IMPACT 2022 Chap. 13 -- Authentication 10
AUTHENTICATION JUDGE IS GATEKEEPER, AS USUAL JUDGE S RULING IS NOT BINDING ON THE JURY JUDGE IS NOT BOUND BY EVIDENCE RULES (EXCEPT PRIVILEGE) 2022 Chap. 13 -- Authentication 11
WAYS TO AUTHENTICATE RULE 901(b) -- ASSIGNED TEN WAYS ARE LISTED IN THE RULE LIST IS ILLUSTRATIVE, NOT EXCLUSIVE 2022 Chap. 13 -- Authentication 12
ALTERNATE VOICE AUTHENTICATION METHOD #6 FOR PHONE CALLS, TESTIMONY THAT X S PHONE NUMBER WAS DIALED, AND CIRCUMSTANCES SUGGEST X WAS ON THE LINE INCLUDES SELF-IDENTIFICATION SIMILAR PROCEDURE FOR A BUSINESS 2022 Chap. 13 -- Authentication 13
PROBLEMS/CASES Johnson Bagarich 13B 13C 13E 2022 Chap. 13 -- Authentication 14
SELF-AUTHENTICATING DOCUMENTS [RULE 902 - ASSIGNED] PUBLIC DOCUMENTS UNDER SEAL PUBLIC DOCUMENTS NOT UNDER SEAL, BUT WITH SEALED ATTESTATION SHEET ATTACHED GOVERNMENT PUBLICATIONS NEWSPAPERS AND PERIODICALS 2022 Chap. 13 -- Authentication 15
TRADEMARKS ON GOODS OR PREMISES INCLUDES CORPORATE LOGOS DOCUMENTS WITH PRIVATE SIGNATURES, BUT ACKNOWLEDGED BEFORE A NOTARY BUSINESS RECORDS WITH DECLARATION 2022 Chap. 13 -- Authentication 16
PROBLEMS/CASES 13J 2022 Chap. 13 -- Authentication 17
