Deck 14: Photographic, recorded, and Computer-Generated Evidence

Question 1

Relevancy requires that an item of evidence must prove or disprove a pertinent fact in order to be admissible at trial.

Answer 1

False

Question 2

Under the "silent witness" theory,a photograph or videotape may be introduced to document the events recorded with a sponsoring witness.

Answer 2

False

Question 3

Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.

Answer 3

True

Question 4

Relevant photographs,despite their gruesomeness and potential for prejudice generally will be admitted when they tend to prove the cause-of-death of a victim.

Question 5

While there is no actual rule,a posed or reconstructed crime scene is generally inadmissible.

Question 6

Since an expert photographer or videographer will be able to give technical explanations about the photographic or video process,an expert should photograph or videotape a crime scene.

Question 7

Mechanically or electronically reproduced copies of writings,photographs,videotapes,and audio tapes are admissible to the same extent as the "original" form of such materials.

Question 8

An officer can ensure that he or she can identify a photograph or videotape at a later date by placing an inconspicuous item in the scene that can easily be taken as a part of the crime scene and not detract the jury's attention.

Question 9

Substantive evidence is used solely to illustrate a witness's testimony.

Question 10

There is no presumption that a photograph or recording is an accurate depiction of the scene contained within it.

Question 11

When a photograph is used as "pictorial testimony," a sponsoring witness must testify that it is an accurate representation of the subject matter.

Question 12

The balancing test allows a judge to admit a relevant photograph or video tape into evidence,despite its tendency to unfairly prejudice or confuse the jury,if there is a strong government interest in admitting the evidence that outweighs the defendant's interest in suppressing the evidence.

Question 13

Black and white photographs are less vivid than color photographs therefore a gruesome crime scene should be shot in color whenever possible so the violent nature of the crime is transmitted to the jury.

Question 14

Only the person who took the photograph or digital image,shot the videotape,or recorded the conversation can authenticate a photograph or digital image,videotape,or audio tape.

Question 15

Authentication requires that an expert authenticate the authorship,or an expert identification of a photograph or recording.

Question 16

An "attesting witness" is a witness who is able to authenticate the accuracy of a photograph or recording by stating that they are familiar with the contents and that the contents are accurate.

Question 17

An officer who has taken photographs must develop the film themselves in order to maintain complete possession of the photograph.

Question 18

An officer can ensure that they can identify a photograph or recording of a crime scene by maintaining "complete possession" of the photograph or recording until it is produced in court.

Question 19

When an identification card is placed in the scene photographed or videotaped it should be clearly marked with the officer's name,the nature of the crime,date,time,and case number,and placed conspicuously in the scene so the jury can clearly discern it is not part of the crime scene.

Question 20

If a visual aid is used as "demonstrative evidence" it may be admitted into evidence even if it is not totally accurate in every detail.

Question 21

When is it advisable to use a hard copy rather than a projected image in presenting evidence?

A)When the entire jury may need to view the exhibit.
B)When there is a question about the projected image's admissibility and the jury would have to be excused while the images are shown out of the jury's presence.
C)When there is a question about the projected images admissibility and the jury would have to view the image in the jury room.
D)Never,it is always better to use a projected image.

Question 22

What data should be included on an identification card placed at a crime scene for photographing or videotaping?

A)The officer's initials
B)The kind of crime involved
C)Numbers placed on the photograph to record its sequence
D)The suspects name,if known

Question 23

When a photograph or recording is used by the jury in deciding a fact,then it is used as what type of evidence?

A)Demonstrative evidence
B)Relevant evidence
C)Substantive evidence
D)Pictorial evidence

Question 24

Which type of witness can authenticate a photograph or recording?

A)Only the person who took the photograph or recorded the conversation.
B)Any witness.
C)A witness who can testify that they recognize the scene depicted or the sounds reproduced,and the reproduction is fair and accurate.
D)Only a prosecution witness.

Question 25

Which of the following is generally NOT an accepted method of presentation of photographic or recorded evidence?

A)Demonstrative diagrams
B)Overhead projectors
C)"Spliced" videotapes
D)Posed crime scenes

Question 26

Under what circumstance is a gruesome photograph or videotape likely to be admitted?

A)When it is relevant.
B)When it is necessary to prove the manner of death or extent of injury.
C)When it is shot in color.
D)Never

Question 27

"Retouching" or altering a negative or print does not usually render the evidence inadmissible.

Question 28

A posed or reconstructed scene will generally be admissible when it portrays a version of the facts supported by the testimony of the proponent's witness.

Question 29

A measuring device may be placed beside an object in a photograph or videotape to demonstrate the object's size.

Question 30

A hard copy is preferable over a projected image because if any question about the projected image's admissibility arises,the jury can take the hard copy into the jury room for deliberations.

Question 31

All of the following is an acceptable use of photographic and recorded evidence except

A)to record a criminal confession.
B)to show the scene of an incident.
C)to record police lineups and identification procedures.
D)to record the defendant in jail pending trial.

Question 32

Which of the following is NOT an acceptable "distinctive characteristic"?

A)Officer's business card
B)Identification card
C)Officer's initials on the face of a photograph
D)Officer's initials on the back of a photograph

Question 33

Which of the following is NOT an acceptable method of authentication of a photograph or recording?

A)Chain of possession
B)Attesting witness
C)Continual possession
D)Indistinctive characteristic

Question 34

Which of the following are included in the FRE definitions of "writings" and "recordings"?

A)Still photographs,X-ray films,video tapes,and motion pictures
B)Photographic prints,overhead projectors,transparencies,and demonstrative diagrams
C)Letters,words or numbers set down in any form for writings,and recorded in any manner for recordings
D)Electric light magnetic opticals

Question 35

What are the three methods of authentication other than by an attesting witness?

A)Relevancy,identification,and satisfying the best evidence rule.
B)Chain of custody,continual possession,and indistinctive characteristic.
C)Chain of possession,continual possession,and distinctive characteristic.
D)Laying the foundation,identification,and satisfying the balancing test.

Question 36

Where digital photography is used to record the crime scene,under no circumstances should identification information be added digitally after the photograph was taken.

Question 37

What are the two rules of admissibility for photographic and recorded evidence?

A)Balancing test and legal relevancy
B)Relevancy and authentication
C)Fairness and accuracy
D)Identification and authentication

Question 38

Including any statement on the identification card about the kind of crime involved may be inappropriate because the actual charge for which the defendant is tried may not be the one indicated on the card.

Question 39

When a photograph,film,or video tape is offered as a "silent witness" what type of testimony must support it?

A)Sponsoring witness testimony
B)Expert witness testimony
C)Pictorial testimony
D)No testimony can support it

Question 40

When is a posed or reconstructed scene likely to be admissible?

A)When only relative positions or locations of objects in a crime scene are of importance.
B)When the photograph or the video recording could not have been taken before alterations were made in the crime scene.
C)When it portrays a version of the facts supported by the proponent's witness's testimony.
D)Never

Question 41

If a visual aid or recording is used solely to illustrate testimony given by a witness,then it is used as what type of evidence?

A)Demonstrative evidence
B)Relevant evidence
C)Substantive evidence
D)Pictorial evidence

Question 42

What data should be included on an identification card placed at a crime scene for photographing? Where should it be placed?

Question 43

The "balancing test" is defined as the requirement that:

A)the admission of relevant evidence be balanced between the government's interest in crime prevention and the defendant's privacy interest.
B)relevant evidence must not be unfairly prejudicial,waste time,or distract the jury.
C)relevant evidence be fair and accurate.
D)an item of evidence must have a tendency to prove or disprove a pertinent fact.

Question 44

What is the first rule of admissibility of photographic and recorded evidence?

Question 45

What are the three methods of authentication of photographs and recordings other than by an attesting witness?

Question 46

All of the following are examples of photographic evidence except

A)electric light magnetic optical (ELMO).
B)motion pictures.
C)X-ray films.
D)lie-detector printouts.

Question 47

Which of the following is generally NOT an admissible use of photographic or recorded evidence?

A)Surveillance of an individual.
B)To demonstrate an occurrence theory.
C)Artificially reconstructed crime scenes.
D)Recording of victims' interviews.

Question 48

When is an expert witness required to introduce photographic evidence?

A)When the person who shot the photograph is unavailable.
B)When the photograph is used as demonstrative evidence.
C)When X-ray photographs are introduced into evidence.
D)Never

Question 49

What are the circumstances in which video and audio evidence may be used in court?

Question 50

The "chain of possession" is a method of authentication where

A)the officer maintains complete possession of an object until it is produced in court.
B)a record is kept of who has custody of an object.
C)an officer verifies that the object is a same condition it was at the time it was collected at the crime scene.
D)a unique object is placed in the scene of a photograph or recording for purposes of identification.

Question 51

When is a photograph or videotape likely to be admitted into evidence,even though it depicts a gruesome scene or a nude person?

Question 52

Identify those witnesses who can authenticate a photograph or recording.

Question 53

When is a posed or reconstructed scene acceptable?

Question 54

What are the steps in "laying the foundation" of admissibility of a photograph or recording into evidence?

A)Demonstrating that an item of evidence has a tendency to prove or disprove a pertinent fact.
B)Demonstrating that an item is a fair and accurate depiction of the scene contained within it.
C)Demonstrating the requirements of relevancy,the balancing test,and authentication.
D)Demonstrating that the photographer or the person that made the recording will testify.

Question 55

List 10 different uses of photographic and recorded evidence.

Question 56

How many photographs should be taken of a crime scene?

A)As many as is necessary to thoroughly and accurately record all the information available.
B)As many as the prosecution tends to admit into evidence.
C)There is no fixed number for most crimes except homicides.When the crime is a homicide at least twenty photos must be taken,beginning with the general area of the homicide and ending with close-up shots,depicting the wounds.
D)There is no universal fixed number of photographs taken for evidentiary purposes,each police department establishes its own criteria.

Question 57

When is a nude photograph NOT generally admissible into evidence?

A)When the crime is a homicide and the victim is found nude.
B)When the photograph is relevant to show the extent and location of injuries.
C)When the crime is a battery and the victim is alive and the injuries are on private portions of the body.
D)When the photograph would unduly emotionally overwhelm the jury.

Question 58

A gruesome crime scene photograph may be rendered admissible under which of the following circumstances?

A)When it tends to prove or disprove a pertinent fact.
B)When it is shot in black & white rather than color.
C)When it is used as pictorial testimony.
D)When it is used to prove the existence of an object or a scenario.

Question 59

A photograph or recording may be admitted into evidence after satisfying which of the following requirements?

A)The photograph or recording is relevant.
B)The photograph or recording was acquired without violating any of the defendant's constitutional rights.
C)The photograph or recording is legally relevant and authentic.
D)The photograph or recording is a fair and accurate recording of the crime scene.

Question 60

What is the second rule of admissibility of photographic and recorded evidence?

Question 61

What are some of the various methods of presentation of photographic or recorded evidence in court?

Question 62

State who needs to lay the foundation to admit a digital image or recording and explain why.