1. Define the term authentication. Explain why documents are authenticated.
    
2. Describe the various methods for authenticating documents.
    
3. Explain the reasoning behind why some documents are considered self-authenticating.
    
4. Describe the requirements for authenticating photographs, videos from surveillance cameras, and medical images.
    
5. Discuss the purpose of using models, maps, diagrams, and charts in authenticating, and explain how to authenticate these items.
    
6. Explain how to authenticate that a defendant made a phone call to the victim.
    
7. Explain what is required in the best evidence rule, and why it is difficult to determine when the rule applies.
    
8. Describe the primary requirement that must be met for in-court exhibitions.

SUMMARY: This chapter addressed the admission into evidence of documentary evidence. Documentary evidence is broadly defined to include written documents, photographs, videos, medical images, and voice identification. The last section of the chapter covered the admission of demonstrative evidence including graphs, maps, charts, and models designed to assist the jury to visualize the facts of the case.

Documents like other types of evidence must be relevant, and their probative value must not be substantially outweighed by the danger of unfair prejudice. The party introducing the documentary evidence must authenticate the document. This simply means that the party that wants to admit the document at trial has the burden of establishing the document is genuine, meaning the document is what the moving party claims it to be. This does not mean that the document is accurate or truthful.

Self-authenticating documents are documents that require no independent proof of their authenticity. These documents typically display a seal or other visual display of authenticity that appears on the document. The justification is that the authenticity of the document is clear from the face of the document. Self-authentication is an important time-saving device at trial. Keep in mind the other party during the trial may demonstrate the document is inauthentic.

Other documents require authentication. There are various ways to authenticate a document including lay testimony, expert testimony, jury comparison, distinctive characteristics of a document, and ancient documents.

Photographs, X-rays, and video and tape recordings must be authenticated and demonstrated to be accurate reproductions of the individuals or objects portrayed. Objects can be authenticated through many of the same methods as documents.

A medical image, unlike a photograph, is not authenticated by testimony that it is an accurate representation of a patient’s condition. Authentication of X-rays, scans, and electrocardiograms requires a demonstration that the process is accurate, that the machine was in functioning order and operated by a qualified technician, and finally that there was a clear custodial chain of evidence.

Authentication of oral statements is required when the statement was made by a particular person. This requires the presentation of sufficient evidence that the person claimed to have made the statement was responsible for making the statement. An individual’s voice may be authenticated by any individual familiar with the individual’s voice. Rule 901(4) allows authentication based on the fact that the speaker disclosed knowledge of specific facts within the particular knowledge of an individual.

The best evidence rule, or what often is referred to as the “original writing rule,” requires that “to prove the content of writing, recording, or photograph, the original writing, recording, or photograph is required” unless an exception applies. The term writing also includes artwork, architectural designs and GP displays, and inscribed objects such as tombstones. In most instances, a “duplicate” may be admitted to the same extent as the original. A duplicate is a “counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.” Any reproduction that does not risk human reproduction mistakes is a duplicate. The “best evidence” rule applies when a witness is testifying about the content of a document.

Courts typically allow lawyers and witnesses to use replica models, maps, diagrams, and charts to visually illustrate testimony. The requirement for the use of these materials is that they are reasonable replica of the object to be portrayed and are created to scale, meaning that, although the drawing or object is of a smaller size, the height and distance and the dimensions must be the same as the actual object.

A judge may exercise his or her discretion to require the defendant to reveal identifying physical characteristics. The right against self-incrimination protects individuals against “testimonial” evidence and does not extend to the exhibit of physical characteristics during in-court exhibitions.