Question 1

Relevancy requires that an item of evidence must prove or disprove a pertinent fact in order to be admissible at trial.

Accepted Answer

False

Question 2

Under the "silent witness" theory,a photograph or videotape may be introduced to document the events recorded with a sponsoring witness.

Accepted Answer

The "silent witness" theory allows photographs or videotapes to be admitted as evidence without a sponsoring witness, relying on the reliability of the recording process itself.

Question 3

Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.

Accepted Answer

Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.

Question 4

Relevant photographs,despite their gruesomeness and potential for prejudice generally will be admitted when they tend to prove the cause-of-death of a victim.

Accepted Answer

Relevant photographs that prove the cause-of-death of a victim are generally admissible in court, despite their potential for gruesomeness and prejudice.

Question 5

While there is no actual rule,a posed or reconstructed crime scene is generally inadmissible.

Accepted Answer

A posed or reconstructed crime scene is generally inadmissible because it is not an accurate representation of the actual crime scene.

Question 6

Since an expert photographer or videographer will be able to give technical explanations about the photographic or video process,an expert should photograph or videotape a crime scene.

Accepted Answer

While an expert photographer or videographer can provide technical expertise, crime scene photography requires specific knowledge of forensic procedures and evidence collection protocols that a general expert may not possess. Law enforcement or forensic professionals trained in crime scene documentation are typically responsible for this task to ensure the integrity and admissibility of the evidence.

Question 7

Mechanically or electronically reproduced copies of writings,photographs,videotapes,and audio tapes are admissible to the same extent as the "original" form of such materials.

Accepted Answer

According to the Best Evidence Rule, as long as the copy is an accurate reproduction of the original, it is considered as admissible as the original copy.

Question 8

An officer can ensure that he or she can identify a photograph or videotape at a later date by placing an inconspicuous item in the scene that can easily be taken as a part of the crime scene and not detract the jury's attention.

Accepted Answer

An officer should not alter or add anything to a crime scene, including placing an inconspicuous item for identification purposes, as it compromises the integrity of the evidence and the scene. Identification is typically ensured through proper documentation, such as detailed notes, photographs, and chain of custody records.

Question 9

Substantive evidence is used solely to illustrate a witness's testimony.

Accepted Answer

Substantive evidence is a type of evidence that can independently prove a fact or event, and is not solely used to illustrate a witness's testimony. Examples of substantive evidence include documents, physical objects, photographs, and other tangible items. Testimonial evidence, on the other hand, is provided by a witness who offers their personal knowledge or observations about a fact or event, and may be used to support or dispute other evidence.

Question 10

There is no presumption that a photograph or recording is an accurate depiction of the scene contained within it.

Accepted Answer

Photographs and recordings can be altered or manipulated to present a false or misleading depiction of the scene, so their accuracy cannot be assumed as a presumption.

Question 11

When a photograph is used as "pictorial testimony," a sponsoring witness must testify that it is an accurate representation of the subject matter.

Accepted Answer

When a photograph is used as "pictorial testimony," a sponsoring witness must testify that it is an accurate representation of the subject matter. This is to ensure that the photograph is being used as evidence in an honest and accurate manner.

Question 12

The balancing test allows a judge to admit a relevant photograph or video tape into evidence,despite its tendency to unfairly prejudice or confuse the jury,if there is a strong government interest in admitting the evidence that outweighs the defendant's interest in suppressing the evidence.

Accepted Answer

The balancing test does indeed involve weighing the probative value of evidence against its potential for unfair prejudice, but it is not specifically about a "strong government interest" outweighing the defendant's interest. It is more generally about whether the evidence's value for proving something important in the case outweighs the risk of unfair prejudice, confusion, or misleading the jury.

Question 13

Black and white photographs are less vivid than color photographs therefore a gruesome crime scene should be shot in color whenever possible so the violent nature of the crime is transmitted to the jury.

Accepted Answer

The statement is incorrect. The vividness or lack of it in a photograph, whether black and white or color, does not necessarily affect the transmission of the violent nature of a crime scene to a jury. The relevance of using color photographs in a trial depends on factors such as the details and context of the case, the admissibility of the evidence, and the jury's ability to understand and interpret the images.

Question 14

Only the person who took the photograph or digital image,shot the videotape,or recorded the conversation can authenticate a photograph or digital image,videotape,or audio tape.

Accepted Answer

While the person who took the photograph or recorded the audio or video has knowledge of its authenticity, it is possible for experts in the field to also authenticate the media using various techniques and technology.

Question 15

Authentication requires that an expert authenticate the authorship,or an expert identification of a photograph or recording.

Accepted Answer

Authentication does not necessarily require an expert; it can involve verifying the identity of a user or the validity of a document through various methods, not limited to expert analysis.

Question 16

An "attesting witness" is a witness who is able to authenticate the accuracy of a photograph or recording by stating that they are familiar with the contents and that the contents are accurate.

Accepted Answer

An attesting witness is someone who can confirm the accuracy of a document, photograph or recording by stating that they are familiar with the contents and that the contents are accurate.

Question 17

An officer who has taken photographs must develop the film themselves in order to maintain complete possession of the photograph.

Accepted Answer

This statement is false. Officers do not necessarily have to develop the film themselves in order to maintain possession of the photograph. They can also use a third-party lab or service to develop the film, as long as proper chain of custody procedures are followed to ensure the integrity and authenticity of the evidence.

Question 18

An officer can ensure that they can identify a photograph or recording of a crime scene by maintaining "complete possession" of the photograph or recording until it is produced in court.

Accepted Answer

By maintaining complete possession of the photograph or recording, the officer can ensure that it has not been altered or tampered with in any way. This helps to establish its authenticity as evidence in court.

Question 19

When an identification card is placed in the scene photographed or videotaped it should be clearly marked with the officer's name,the nature of the crime,date,time,and case number,and placed conspicuously in the scene so the jury can clearly discern it is not part of the crime scene.

Accepted Answer

Identification cards placed in crime scene photographs are used to provide scale or to identify the photographing officer, but they do not typically include detailed information such as the nature of the crime, date, time, and case number directly on them. This information is usually documented separately in the case file or photo log.

Question 20

If a visual aid is used as "demonstrative evidence" it may be admitted into evidence even if it is not totally accurate in every detail.

Accepted Answer

Demonstrative evidence is used to help a jury or judge visualize evidence in a case, and it is not required to be completely accurate in every detail as long as it is helpful in explaining the evidence. However, the opposing counsel may still challenge the accuracy and relevance of the visual aid during the trial.

Quiz 14: Photographic, recorded, and Computer-Generated Evidence

Relevancy requires that an item of evidence must prove or disprove a pertinent fact in order to be admissible at trial.

Under the "silent witness" theory,a photograph or videotape may be introduced to document the events recorded with a sponsoring witness.

Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.

Relevant photographs,despite their gruesomeness and potential for prejudice generally will be admitted when they tend to prove the cause-of-death of a victim.

While there is no actual rule,a posed or reconstructed crime scene is generally inadmissible.

Since an expert photographer or videographer will be able to give technical explanations about the photographic or video process,an expert should photograph or videotape a crime scene.

Mechanically or electronically reproduced copies of writings,photographs,videotapes,and audio tapes are admissible to the same extent as the "original" form of such materials.

An officer can ensure that he or she can identify a photograph or videotape at a later date by placing an inconspicuous item in the scene that can easily be taken as a part of the crime scene and not detract the jury's attention.

Substantive evidence is used solely to illustrate a witness's testimony.

There is no presumption that a photograph or recording is an accurate depiction of the scene contained within it.

When a photograph is used as "pictorial testimony," a sponsoring witness must testify that it is an accurate representation of the subject matter.

The balancing test allows a judge to admit a relevant photograph or video tape into evidence,despite its tendency to unfairly prejudice or confuse the jury,if there is a strong government interest in admitting the evidence that outweighs the defendant's interest in suppressing the evidence.

Black and white photographs are less vivid than color photographs therefore a gruesome crime scene should be shot in color whenever possible so the violent nature of the crime is transmitted to the jury.

Only the person who took the photograph or digital image,shot the videotape,or recorded the conversation can authenticate a photograph or digital image,videotape,or audio tape.

Authentication requires that an expert authenticate the authorship,or an expert identification of a photograph or recording.

An "attesting witness" is a witness who is able to authenticate the accuracy of a photograph or recording by stating that they are familiar with the contents and that the contents are accurate.

An officer who has taken photographs must develop the film themselves in order to maintain complete possession of the photograph.

An officer can ensure that they can identify a photograph or recording of a crime scene by maintaining "complete possession" of the photograph or recording until it is produced in court.

When an identification card is placed in the scene photographed or videotaped it should be clearly marked with the officer's name,the nature of the crime,date,time,and case number,and placed conspicuously in the scene so the jury can clearly discern it is not part of the crime scene.

If a visual aid is used as "demonstrative evidence" it may be admitted into evidence even if it is not totally accurate in every detail.