CHAP 13 AUTHENTICATION Prof JANICKE 2020 AUTHENTICATION COMMON

CHAP. 13: AUTHENTICATION Prof. JANICKE 2020

AUTHENTICATION COMMON LAW – NO RULE • A SUBSET OF RELEVANCE • AUTHENTICATION EVIDENCE IS – NEEDED BEFORE DOCUMENTS AND TANGIBLE THINGS ARE RECEIVED IN EVIDENCE – NOT NEEDED FOR TESTIMONY 2020 Chap. 13 -- Authentication

MEANING OF “AUTHENTICATION” PROOF: • EVIDENCE THAT THE DOCUMENT (OR PHYSICAL THING) IS WHAT ITS PROPONENT CONTENDS IT IS 2020 Chap. 13 -- Authentication

• DOES NOT DEPEND ON DOCUMENT BEING TRUTHFUL, OR CORRECT 2020 Chap. 13 -- Authentication

STILL NEED RELEVANCE • MUST OF COURSE STAY WITHIN THE BOUNDS OF RELEVANCE • IF “A STEERING WHEEL” HAS NO RELEVANCE, AUTHENTICATION ALONE WON’T ALLOW IT IN 2020 Chap. 13 -- Authentication

CHAIN OF CUSTODY • IS ONE METHOD OF AUTHENTICATING ITEMS THAT COULD HAVE BEEN ALTERED • NO HARD-AND-FAST REQUIREMENTS (NO WRITTEN RULE) • CHAIN WITH BROKEN LINKS SOMETIMES RULED O. K. 2020 Chap. 13 -- Authentication

TAKING THE AUTHENTICATING WITNESS ON VOIR DIRE • [REVIEW -- TEXAS : PRONOUNCED “VORR DYER” • REST OF U. S. : “VWAHR DEER”] • COURT PERMISSION NEEDED FOR VOIR DIRE, PER FED. RULE 611(a) -- ASSIGNED – BUT PERMISSION IS OFTEN ASSUMED 2020 Chap. 13 -- Authentication

• GENERALLY IMPROPER TO TAKE THE AUTHENTICATING WITNESS ON VOIR DIRE PRIOR TO TIME WHEN THE DOCUMENT OR OBJECT IS OFFERED IN EVIDENCE 2020 Chap. 13 -- Authentication

STRATEGIC PURPOSES OF VOIR DIRE 1. TO DEFEAT THE FOUNDATION AND KEEP THE ITEM OUT OF EVIDENCE 2. IF THE ITEM COMES IN, TO WEAKEN ITS IMPACT 2020 Chap. 13 -- Authentication

AUTHENTICATION • JUDGE IS GATEKEEPER, AS USUAL • JUDGE’S RULING IS NOT BINDING ON THE JURY • JUDGE IS NOT BOUND BY EVIDENCE RULES (EXCEPT PRIVILEGE) 2020 Chap. 13 -- Authentication

WAYS TO AUTHENTICATE • RULE 901(b) -- ASSIGNED • TEN WAYS ARE LISTED IN THE RULE • LIST IS ILLUSTRATIVE, NOT EXCLUSIVE 2020 Chap. 13 -- Authentication

ALTERNATE VOICE AUTHENTICATION METHOD • #6 – FOR PHONE CALLS, TESTIMONY THAT – X’S PHONE NUMBER WAS DIALED, AND CIRCUMSTANCES SUGGEST X WAS ON THE LINE • INCLUDES SELF-IDENTIFICATION – SIMILAR PROCEDURE FOR A BUSINESS 2020 Chap. 13 -- Authentication

PROBLEMS/CASES • • • Johnson Bagarich 13 B 13 C 13 E 2020 Chap. 13 -- Authentication

SELF-AUTHENTICATING DOCUMENTS [RULE 902 - ASSIGNED] • PUBLIC DOCUMENTS UNDER SEAL • PUBLIC DOCUMENTS NOT UNDER SEAL, BUT WITH SEALED ATTESTATION SHEET ATTACHED • GOVERNMENT PUBLICATIONS • NEWSPAPERS AND PERIODICALS 2020 Chap. 13 -- Authentication

• TRADEMARKS ON GOODS OR PREMISES – INCLUDES CORPORATE LOGOS • DOCUMENTS WITH PRIVATE SIGNATURES, BUT ACKNOWLEDGED BEFORE A NOTARY • BUSINESS RECORDS WITH DECLARATION 2020 Chap. 13 -- Authentication

PROBLEMS/CASES • 13 J 2020 Chap. 13 -- Authentication