Unit 9 Final Project

Unit 9 Final Project

Bernadette Ashe

CJ 305-01

Instructor: Professor Kay Hanlon

Kaplan University

Final Project

Physical Evidence

List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called “laying the foundation”).

The rules of authentication require that the individual who intends to produce evidence, must prove that the evidence is accurate or not falsified; for example if the prosecution should decide that a ransom note is the product of the defendant, the prosecution must prove beyond a reasonable doubt that the defendant is the one that a ransom demand note, must prove that the note is authentic buy producing the original note. In addition the individual that intends to introduce the evidence must also how the evidence is relevant to the case (Garland, 2011, p. 387), and must follow the best evidence rule which is that the information to be offered during a trial, related to the issue presented, it must be an original of the content to be introduced or a copy if the original is not available a copy that has been reproduced by methods that are accurate (such as xerox or photo copies) are admissible if duplicated by mechanical means (p. 387). Authentication of identification of evidence can be accomplished by:

(1) Testimony of a witness, if that witness has personal knowledge that the document is what it claims to be, (for example Daffy was with Elmer when he cashed the fraudulent check);

(2) A non-expert opinion of a witness deemed not to be an expert in a specific field but has personal opinion that the writing is guanine based on the familiarity of it before litigation, (for example, Mr. Peabody testifies that the signature on the check was not written by Bugs but it was written by Elmer because Mr. Peabody has received checks for the rent always signed by Bugs);

(3) Chain of custody which provides identification of the object/evidence in question is in fact the...