Question 1

When is it advisable to use a hard copy rather than a projected image in presenting evidence?

Accepted Answer

Using a hard copy is advisable when there is a question about the projected image's admissibility, as it allows the jury to be excused while the evidence is reviewed without them seeing it.

Question 2

What data should be included on an identification card placed at a crime scene for photographing or videotaping?

Accepted Answer

The officer's initials are important for identifying who documented the evidence, ensuring accountability and traceability in the investigation process.

Question 3

When a photograph or recording is used by the jury in deciding a fact,then it is used as what type of evidence?

Accepted Answer

When a photograph or recording is used by the jury in deciding a fact, it is considered substantive evidence because it is evidence that directly proves a fact of the case. Demonstrative evidence, on the other hand, is used to illustrate or clarify a point and may not necessarily prove a fact on its own, while relevant evidence is any evidence that has a tendency to make a fact more or less probable than it would be without the evidence. Pictorial evidence is not a recognized legal term for a specific type of evidence.

Question 4

Which type of witness can authenticate a photograph or recording?

Accepted Answer

A witness who can testify that they recognize the scene depicted or the sounds reproduced, and the reproduction is fair and accurate, can authenticate a photograph or recording. This means that the witness must have firsthand knowledge of the scene or sounds and can affirm that the photograph or recording is a truthful representation. The person who took the photograph or recording may not necessarily be able to provide this authentication. Any witness or a prosecution witness may not be sufficient if they do not have the necessary firsthand knowledge and recognition of the scene or sounds depicted.

Question 5

Which of the following is generally NOT an accepted method of presentation of photographic or recorded evidence?

Accepted Answer

The answer of Which of the following is generally NOT...

Question 6

Under what circumstance is a gruesome photograph or videotape likely to be admitted?

Accepted Answer

The answer of Under what circumstance is a gruesome photograph...

Question 7

"Retouching" or altering a negative or print does not usually render the evidence inadmissible.

Accepted Answer

The answer of "Retouching" or altering a negative or print...

Question 8

A posed or reconstructed scene will generally be admissible when it portrays a version of the facts supported by the testimony of the proponent's witness.

Accepted Answer

The answer of A posed or reconstructed scene will generally...

Question 9

A measuring device may be placed beside an object in a photograph or videotape to demonstrate the object's size.

Accepted Answer

This is a common practice in photography and videography, especially in scientific or technical fields, to provide a frame of reference for the size of the object being captured.

Question 10

A hard copy is preferable over a projected image because if any question about the projected image's admissibility arises,the jury can take the hard copy into the jury room for deliberations.

Accepted Answer

The answer of A hard copy is preferable over a...

Question 11

All of the following is an acceptable use of photographic and recorded evidence except

Accepted Answer

Recording the defendant in jail pending trial is not typically considered an acceptable use of photographic and recorded evidence. This is because it can infringe on the defendant's rights and privacy, and it does not directly contribute to proving or disproving the facts of the case. The other options (A, B, C) are generally acceptable as they directly relate to evidence collection, crime scene documentation, or identification processes that are relevant to the investigation and trial.

Question 12

Which of the following is NOT an acceptable "distinctive characteristic"?

Accepted Answer

The answer of Which of the following is NOT an...

Question 13

Which of the following is NOT an acceptable method of authentication of a photograph or recording?

Accepted Answer

Indistinctive characteristic cannot be used as a method of authentication as it does not provide any unique identifying features to verify the authenticity of the photograph or recording. Chain of possession, attesting witness, and continual possession are all acceptable methods of authentication.

Question 14

Which of the following are included in the FRE definitions of "writings" and "recordings"?

Accepted Answer

The FRE definitions of "writings" and "recordings" include letters, words or numbers set down in any form for writings, and recorded in any manner for recordings.

Option A is incorrect because it only mentions visual media and does not cover all possible forms of writings and recordings.

Option B is incorrect because it only includes visual aids used for presentations and not all possible forms of writings and recordings.

Option D is incorrect because it is too broad and does not provide a clear definition of what falls under writings and recordings.

Question 15

What are the three methods of authentication other than by an attesting witness?

Accepted Answer

The three methods of authentication other than by an attesting witness are chain of possession, continual possession, and distinctive characteristic. Choice A is not relevant to authentication methods, and choice D includes laying the foundation and satisfying the balancing test, which are not authentication methods. Choice B includes two incorrect options - "indistinctive characteristic" is not a recognized method of authentication and "chain of custody" is not synonymous with "chain of possession."

Question 16

Where digital photography is used to record the crime scene,under no circumstances should identification information be added digitally after the photograph was taken.

Accepted Answer

Adding identification information digitally after the photograph was taken can alter the original image and can potentially compromise the integrity of the evidence. It is important to capture and preserve the scene exactly as it was found without any alterations. Identification information can be recorded separately from the digital photograph.

Question 17

What are the two rules of admissibility for photographic and recorded evidence?

Accepted Answer

The two rules of admissibility for photographic and recorded evidence are relevancy and authentication. The evidence must be relevant to the case and must be authenticated to prove that it is genuine and untampered. The other options may also be important considerations in the admissibility of evidence, but they are not the two primary rules.

Question 18

Including any statement on the identification card about the kind of crime involved may be inappropriate because the actual charge for which the defendant is tried may not be the one indicated on the card.

Accepted Answer

The statement on the identification card may not always match the actual charge for which the defendant is tried. Therefore, it may be inappropriate to include any statement about the kind of crime involved.

Question 19

When a photograph,film,or video tape is offered as a "silent witness" what type of testimony must support it?

Accepted Answer

The answer of When a photograph,film,or video tape is offered...

Question 20

When is a posed or reconstructed scene likely to be admissible?

Accepted Answer

A posed or reconstructed scene may be admissible when only the relative positions or locations of objects are important, as it can help clarify the spatial relationships without misleading the jury about the actual events.

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