Demonstrative Evidence

¶ … evidence is widely used in today's courts and legal systems. There are a wide number of examples of demonstrative evidence. Essentially, it is all evidence that represents an object or person. Rather than the real object itself, demonstrative evidence includes things that represent it. This includes evidence such as pictures, sound recordings of conversations, video tapped evidence, x-rays, simulations of events, professional sketches, drawings, animations made to represent a real life scenario, computer generated imagery, and models.

According to the research, "Demonstrative evidence is that evidence addressed directly to the senses without intervention of testimony. Such evidence is concerned with real objects such as charts, graphs, videotape, and computer animation, which illustrate some verbal testimony" (Marks, 2004). Such types of evidence help establish a sense of context within any given case or scenario. Thus, they help augment actual physical evidence in establishing a stronger case.

It can help support the actual physical evidence and be used alone to help show guilt or motive based on its ability to represent and "illustrate the testimony of a witness to help the jurors understand difficult factual issues" (Marks, 2004). As such, demonstrative evidence aims to demonstrate some concept related to the case, and is thus much different than substantive evidence. Yet, demonstrative evidence must be properly authenticated before it can actually be used in a court of law.

For example, demonstrative evidence must be authenticated using Rule 901 of the Federal Rules of Evidence. Essentially, "to satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims to be" (Cornell University Law School, 2013). Thus, there are a number of types of evidence that traditionally satisfy the requirement of this rule.

A testimony of a witness with knowledge about the case or scenario, comparison by an expert witness, clearly distinctive characteristics that show likeness of the item in the circumstance, a witness' opinion about the sound of a voice, times and transcripts of a telephone conversation, public records, and other methods as approved by state statues. In order to allow data or document demonstrative evidence into court, it must be "in a condition that creates no suspicion about its authenticity," (Cornell Law University, 2013).

Pictorial evidence can be authenticated through lab testing to ensure that the photograph or x ray has not been altered in any way. Maps, models, and summaries can be authenticated through an expert testimony suggesting they were created with real and reliable evidence from the field at the time of the suspected crime. Essentially, the ways of authenticating demonstrative evidence and substantive evidence are very much alike. They require proof beyond a doubt that the evidence has not been falsely planted, created, or tampered with. Yet,.