NCJ Number
25538
Journal
Prosecutor Volume: 10 Issue: 4 Dated: (1974) Pages: 304-309
Date Published
1974
Length
6 pages
Annotation
AN OVERVIEW OF THE ADMISSIBILITY PROBLEMS PERTAINING TO PHOTOGRAPHICALLY REPRODUCED RECORDS AND THE APPLICATION OF THE BEST EVIDENCE RULE AND THE HEARSAY RULE TO SUCH RECORDS.
Abstract
AN HISTORICAL BACKGROUND ON THE ISSUES OF ADMITTING PHOTOGRAPHED OR MICROFILMED RECORDS AS EVIDENCE IS PROVIDED. THE AUTHORS STATE THAT THERE ARE THREE POSSIBLE LEGAL BASES FOR THE ADMISSION OF MICROFILM COPIES INTO EVIDENCE. THE FIRST IS A STATUTORY BASIS, EITHER THE UPA (UNIFORM PHOTOGRAPHIC COPIES OF BUSINESS AND PUBLIC RECORDS AS EVIDENCE ACT), AS ADOPTED WITH OR WITHOUT MODIFICATION IN A PARTICULAR STATE, OR STATUTES WITHIN A STATE WHICH DEAL WITH SPECIFIC KINDS OF DOCUMENTS OR EVIDENCE. SECOND, THERE IS THE COMMON LAW 'BEST EVIDENCE' OR MORE PROPERLY 'ORIGINAL DOCUMENT,' RULE AS IT IS APPLIED EITHER IN LIEU OF OR IN SPITE OF THE EXISTENCE OF A STATUTE IN POINT. THE THIRD BASIS FOR ADMISSION OF MICROFILM COPIES IS THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE. UNDER THIS LAST THEORY, A MICROFILM COPY MADE IN THE ORDINARY COURSE OF BUSINESS WOULD CONSTITUTE A SEPARATE BUSINESS RECORD OR ENTRY AND, IF MADE UNDER CIRCUMSTANCES WHICH ARE IN CONFORMITY WITH CASE LAW OR STATUTORY CRITERIA, WOULD BE ADMISSIBLE ON ITS OWN AS PRIMARY EVIDENCE. ALSO DISCUSSED IS THE EFFECT OF DESTRUCTION OF ORIGINALS ON ADMISSABILITY OF COPIES, WHERE THE STATUTE REQUIRES RETENTION OF 'ORIGINALS'. A CHART PROVIDING A SUMMARY OF STATE STATUTORY SCHEMES ON MICROFILMED RECORDS IS INCLUDED. (AUTHOR ABSTRACT MODIFIED)