Decades of evidence touting the exponentially higher effectiveness of coupling verbal with visual communications for understanding, retention, etc. This blog shares real-world advice about trial graphics, case presentations, legal tech and litigation strategy. This is the most commonly used method of presenting demonstrative evidence. Use bar graphs or charts to show differences in income and assets or changes in income and assets over time. Within legal proceedings, photos, as well as crime scene videos or models, may be used as demonstrative evidence. All applicable medical records would be scanned, saved, and projected onto a monitor or series of monitors.
The main purpose of demonstrative evidence is to make the jury believe that your theory of the case is the one that should prevail. Another variation of the transparency projector is the erasable white board with a small printer. Something solid that a jury can hear, touch or see hopefully all three will go a long way toward impressing them. However, something that all attorneys must also keep their eye on, is the ultimate costs in the case. In fact, studies confirm that jurors' recall of details is far greater if associated with a visual image. Thoroughly explain the process of authenticating both real evidence and demonstrative evidence. That said, there are many types of evidence that, while not admissible in court, can be valuable to an investigator trying to reach a conclusion in a workplace investigation or other non-criminal investigation.
I have been told by some attorneys that they have never been allowed to show evidence in an opening statement absent agreement and stipulation of opposing counsel which is rarely given. A favorite tool of lecturers, the transparency projector is versatile. Investigators need to either develope specific technical expertise or rely on experts to do the extraction for them. In addition, assuming that the proper foundation can be laid, computer simulations may be allowed into evidence as independent substantive evidence. Articles and objects are also forms of demonstrative evidence.
Need a tool for tracking and reporting on your investigation and the evidence you collected? Many newer courtrooms are now equipped with individual computer terminals, so that jurors may view computer displays by attorneys on individual screens in the jury box. By entering or scanning the number, the item is immediately retrieved and can be displayed on the computer screen. For example, since the judge has an extremely broad discretion in deciding what demonstrative evidence is too prejudicial and what is admissible, the use of demonstrative evidence thus opens up the door to use as an issue on appeal. Disadvantages The selection, scanning, and organization of key pieces of medical evidence take time. Rental of projectors may be possible for law firms who have only an occasional use. Dark panels on the walls may make it necessary to use a screen, and lots of light from tall windows may flood the room with too much light for easy visibility of the image.
Use at least 3 scholarly resources to fully support your responses. The purpose of the evidence, rather than its form, distinguishes demonstrative evidence from other types of evidence. Charts, graphs, maps, diagrams, photographs, videos, models, experiments, computer animations, and simulations have all been recognized as forms of summary forms of demonstrative evidence. What types of evidence must be authenticated? The ability to project specific pages of the medical record, and to zoom into key portions eliminates the need to enlarge and mount specific pages or documents. So fingerprints are used as evidence. Hitting a print button converts the image into a piece of paper, which can be admitted into evidence to preserve the drawings.
The proposed evidence is thus subject to the rules governing opinion testimony and was properly held inadmissible. California law does not require demonstrative evidence to be exact, but only substantially similar and helpful to the jury. A film with colored borders, which add visual interest, is also available. Ultimately, though, the sound discretion of the trial judge will determine the admissibility of demonstrative evidence. Lawyers are afforded the ability to use demonstrative and substantive evidence throughout the presentation of their case: both to simplify information and make it more memorable. .
To do this an attorney must show that the demonstrative evidence will be used for the purpose of either educating, simplifying or informing the jury. The court in Pierce v. Civil Trial Practice, 5 th Ed. Legal support for the use of different categories During trial, a witness may testify that a chart, diagram or other visual aid is illustrative of her testimony. It is relatively easy to create exhibit notebooks for the jury, if permitted in your locale, from paper exhibits. Demonstrative evidence includes actual evidence e.
If a case is before the Court at a litigation trial phase, chances are it has already run up significant costs. Demonstrative evidence refers to physical objects, graphs, pictures, blow-ups of documents, models and other devices which are intended to clarify the facts for the judge and jury: how an accident occurred, actual damages, medical problems, or methods used in committing an alleged crime. We blog to help attorneys make their case and manage their practice in the most effective and least stressful way possible. As distinguished from real evidence, demonstrative evidence played no part in the actual incident, but merely serves to assist the jury in understanding the events of the case. During opening statement, the trial court may allow use of a chart, diagram, or other visual aid that is not itself admissible in evidence. Link to this page: Demonstrative Evidence.