NCJ Number
66904
Journal
Journal of Air Law and Commerce Volume: 45 Dated: (1979) Pages: 139-166
Date Published
1979
Length
28 pages
Annotation
TYPES OF DEMONSTRATIVE EVIDENCE THAT ARE EITHER CURRENTLY IN USE OR THAT CAN BE USED IN AVIATION CASES ARE DISCUSSED BY CATEGORY.
Abstract
THE ARTICLE ALSO DISCUSSES LEGAL CONSIDERATIONS OF ADMISSIBILITY AND SUBSTANTIVE PROBLEMS ENCOUNTERED IN CREATING DEMONSTRATIVE EVIDENCE. VIDEOTAPED DEMONSTRATIVE EVIDENCE, PRESENTED EITHER AS A TRAVELOGUE OR AS ANIMATION, CAN BE USEFUL IN A COURTROOM IF CAREFULLY PREPARED. A SECOND TYPE OF EVIDENCE, USE OF A MODEL, CAN BE ONE OF THE MOST EFFECTIVE TYPES OF EVIDENCE FOR A TRIAL LAWYER. HOWEVER, THE WORK FOR LAYING THE FOUNDATION OF ADMISSIBILITY SHOULD BEGIN EARLY WHEN THE PHYSICAL EVIDENCE IS STILL IN EXISTENCE OR BEFORE THERE ARE PHYSICAL CHANGES TO GEOGRAPHY OR STRUCTURE WHICH ARE INTEGRAL TO THE MODEL. AIRCRAFT INSTRUMENTS AND BLACK BOXES DIFFER FROM MODELS BY BEING OFFERED INTO EVIDENCE EITHER AS THE ACTUAL INSTRUMENT THE PILOT WAS LOOKING AT OR AN EXACT DUPLICATE. HENCE, FOUNDATION EVIDENCE IS REQUIRED TO ESTABLISH THIS FACT. SUMMARIES OF RECORDS ARE USEFUL TOOLS FOR TRIERS OF FACTS AND HELP MEET OBJECTIONS CONCERNING THE UTILITY OF RECORDS. VIEWING MAY ALSO BE USED AS AN INFORMATIONAL RATHER THAN AN EVIDENTIARY TOOL, AND AN ATTORNEY WHO REQUESTS IT MUST BE CAREFUL TO ESTABLISH THE PARAMETERS OF AND PURPOSE FOR THE VIEW. GRAPHIC EVIDENCE CAN BE PARTICULARLY USEFUL TO THE TRIAL LAWYER AS A TANGIBLE RECORD OF TESTIMONY BEFORE THE JURY, USED WITH OTHER WITNESSES, OR DURING CLOSING ARGUMENTS. COMPUTER EVIDENCE, COUPLED WITH AND MADE SUBSIDIARY TO EXPERT TESTIMONY IN THE AREA OF FLIGHT VISIBILITY, CAN ALSO BE USED EFFECTIVELY. FINALLY, THE KEYS TO THE ADMISSIBILITY OF DEMONSTRATIVE EVIDENCE ARE RECOGNIZING THOSE ELEMENTS IN THE CASE THAT REQUIRE SUCH EVIDENCE, PROPER PREPARATION OF EVIDENCE OUTSIDE OF COURT, AND LAYING THE PROPER FOUNDATION IN COURT, AND LAYING THE PROPER FOUNDATION IN COURT. FOOTNOTES ARE PROVIDED.