NCJ Number
84993
Journal
Criminal Law Bulletin Volume: 18 Issue: 4 Dated: (July/August 1982) Pages: 333-345
Date Published
1982
Length
13 pages
Annotation
Admissibility requirements and trial concerns are discussed for demonstrative evidence such as maps, models, drawings, and charts; photographs and motion pictures; and 'mug shots.'
Abstract
Demonstrative evidence is distinct from real evidence, because it has no probative value in itself. Such evidence serves merely as a visual aid to the jury in comprehending the verbal testimony of a witness or other evidence. Demonstrative evidence must be relevant to be admissible but may be excluded even though relevant on the ground of being misleading to the jury or invoking unfair prejudice. Maps, models, drawings, and charts, which are often used to assist a witness in explaining testimony to the jury, must fairly and accurately portray what they purport to depict and if relevancy so requires, to do so at the time relevant to the litigation. Still photographs and motion pictures, once properly authenticated, are admissible in evidence if helpful to the trier of fact's understanding of a fact of consequence in the litigation. In using mug shots at trial, the preferred procedure is for the witness who makes a positive identification in court to testify on direct examination to having previously identified a photograph of the accused. The photograph previously identified may be marked for identification and shown to the witness for purposes of authentication at that time; however, the photograph should not be introduced into evidence or otherwise displayed to the jury. If on cross-examination of the witness or at any other time during the trial, a question arises about misidentification or the suggestiveness of the identification process, the photograph, and where appropriate, the array may then be admitted into evidence and displayed to the jury. Forty footnotes are provided.