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Law Outlines Evidence Outlines

Article 10 Contents Of Writings Recordings And Photographs Outline

Updated Article 10 Contents Of Writings Recordings And Photographs Notes

Evidence Outlines

Evidence

Approximately 59 pages

This outline comprehensively covers the law of Evidence. Topics such as hearsay, chain of custody, Confrontation Clause, and relevance are covered.

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ARTICLE X: CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS:

  • FRE 1001: Definitions:

    • FRE 1001(1): Writings and recordings: consist of letters, words, or numbers, of their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other forms of data compilation

    • FRE 1001(2): Photographs: include still photographs, x-ray films, video tapes, and motion pictures

    • FRE 1001(3): Original: An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it.

      • An “original” of a photograph includes the negative and any print therefrom

      • If data are stored on a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original”

    • FRE 1001(4): Duplicate: 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 techniques which accurately reproduces the original.

  • FRE 1002: Requirement of Original (Best Evidence Rule): To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required

    • Except as otherwise provided by FRE or statute

      • United States v. Duffy: Shirt with laundry mark “DUF” was found in D’s car. Shirt is both a chattel and a writing, thus could be treated as either. Words merge with object.

        • Here, because writing was simple, little danger that witness would inaccurately remember its terms

        • Terms of writing not central or critical to case against Duffy; shirt was one piece of evidence in a substantial case against Duffy

      • Meyers v. United States: In a trial for perjury, it was acceptable to call counsel at original hearing to testify as to what D said. Transcript of hearing not required.

        • Counsel’s testimony about what he heard was not an attempt to prove what a writing—the transcript—said.

        • Counsel’s testimony was equally competent as transcript to prove what D said at proceeding

  • FRE 1003: Admissibility of Duplicates: A duplicate is admissible to the same extent as an original unless:

    • FRE 1003(1): a genuine question is raised as to the authenticity of the original OR

    • FRE 1003(2): in the circumstances it would be unfair to admit the duplicate in lieu of the original

      • Turnage v. State: It was acceptable to admit copies of tapes of phone calls D made at county workhouse.

        • Although witness did not compare digital copies to analog originals, there is no genuine question of authenticity of the copies

          • ...

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