NCJ Number
151718
Journal
Trial Volume: 30 Issue: 9 Dated: (September 1994) Pages: 73-76
Date Published
1994
Length
4 pages
Annotation
Currently, the courts have no fixed rule regarding the admission of demonstrable evidence, most because there is a general lack of understanding of the unique role demonstrative evidence can play at trial.
Abstract
Evidence can be categorized as substantive and demonstrative. Substantive evidence, in turn, can be subclassified as testimonial, documentary, and real evidence. Demonstrative evidence, which has no defining physical characteristics, is instead defined by the purpose for which it is being offered. Defining demonstrative evidence by purpose has two consequences in charting the course of the trial at which it is exhibited. First, the definition reveals the unique relevancy status held by demonstrative proof. Second, the definition provides a rationale for arguing that use of a piece of demonstrative evidence at trial requires less of a foundational showing than does the introduction of a piece of substantive evidence. The primary issue in evaluating demonstrative evidence is its fidelity in illustrating the related substantive proof. 20 notes