Demonstrative evidence
Encyclopedia
Demonstrative evidence is evidence in the form of a representation
of an object. This is, as opposed to, real evidence
, testimony
, or other forms of evidence
used at trial
.
, x-rays, videotapes
, movies, sound recordings, diagrams, forensic animation
, map
s, drawing
s, graphs
, animation
, simulations, and models. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. See Federal Rules of Evidence
901, 902, and 1001-1004 for an example from United States law.
Other examples of demonstrative evidence include case specific medical exhibits, colorized diagnostic films, general anatomy and surgery exhibits. These forms of demonstrative evidence are commonly used as a personal injury lawyer resource. Demonstrative evidence with dramatic impact can maximize the value of a case by effectively depicting catastrophic/traumatic injuries, complex surgical procedures, surgical mistakes or summarize injuries suffered by an individual. These examples of demonstrative evidence are used for settlement conferences, arbitration, mediation, medical expert depositions and trial presentations.
s relied on purely testimonial or substantive evidence. Melvin Belli
and Earl Rogers
helped change that by introducing more demonstrative evidence. Scientific evidence emerged in the 1960s.
, demonstrative evidence, like any other kind of evidence
must be relevant
. At this point the proponent of the demonstrative evidence can either try to get the evidence admitted into the official record of the case or can choose to use the evidence as merely a prop. If the proponent of the evidence wants to have the evidence included in the official record of the case, the proponent will first ask for the evidence to be marked by the court for identification purposes. After the evidence is marked for identification, the proponent of the demonstrative evidence must lay a foundation
. It is at this time that the relevancy of the demonstrative evidence is usually challenged. Laying of a foundation explains how the demonstrative evidence relates to the facts of the case and establishes the evidence's authenticity. Once the foundation is laid, the proponent may ask to officially move the piece of evidence into the record where it is marked as a full exhibit. If the evidence is marked as a full exhibit the jury may refer to the evidence during deliberations and in most jurisdictions the jury may examine the evidence during deliberations. If the evidence is not marked as a full exhibit, the jury cannot do these things. As a matter of courtesy, the proponent of the demonstrative evidence generally shows the piece of evidence to the opposing party before marking it for identification purposes. In criminal cases certain kinds of demonstrative evidence are subject to mandatory disclosure under the case law governing discovery
. See Brady v. Maryland
.
Depiction
Depiction is meaning conveyed through pictures. Basically, a picture maps an object to a two-dimensional scheme or picture plane. Pictures are made with various materials and techniques, such as painting, drawing, or prints mosaics, tapestries, stained glass, and collages of unusual and disparate...
of an object. This is, as opposed to, real evidence
Real evidence
Real evidence, material evidence or physical evidence is any material object, introduced in a trial, intended to prove a fact in issue based on its demonstrable physical characteristics...
, testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
, or other forms of evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
used at trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
.
Examples
Examples of demonstrative evidence include photosPhotography
Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film...
, x-rays, videotapes
Videography
Videography refers to the process of capturing moving images on electronic media even streaming media). The term includes methods of video production and post-production...
, movies, sound recordings, diagrams, forensic animation
Forensic animation
Forensic animation is a branch of forensic science in which audio-visual recreations of incidents or accidents are created to aid investigators. Examples include the use of computer animation, stills, and other audio visual aids. Application of computer animation in courtrooms today is becoming...
, map
Map
A map is a visual representation of an area—a symbolic depiction highlighting relationships between elements of that space such as objects, regions, and themes....
s, drawing
Drawing
Drawing is a form of visual art that makes use of any number of drawing instruments to mark a two-dimensional medium. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoal, chalk, pastels, markers, styluses, and various metals .An artist who...
s, graphs
Graphics
Graphics are visual presentations on some surface, such as a wall, canvas, computer screen, paper, or stone to brand, inform, illustrate, or entertain. Examples are photographs, drawings, Line Art, graphs, diagrams, typography, numbers, symbols, geometric designs, maps, engineering drawings,or...
, animation
Animation
Animation is the rapid display of a sequence of images of 2-D or 3-D artwork or model positions in order to create an illusion of movement. The effect is an optical illusion of motion due to the phenomenon of persistence of vision, and can be created and demonstrated in several ways...
, simulations, and models. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. See Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
901, 902, and 1001-1004 for an example from United States law.
Other examples of demonstrative evidence include case specific medical exhibits, colorized diagnostic films, general anatomy and surgery exhibits. These forms of demonstrative evidence are commonly used as a personal injury lawyer resource. Demonstrative evidence with dramatic impact can maximize the value of a case by effectively depicting catastrophic/traumatic injuries, complex surgical procedures, surgical mistakes or summarize injuries suffered by an individual. These examples of demonstrative evidence are used for settlement conferences, arbitration, mediation, medical expert depositions and trial presentations.
History
Before photographs and other demonstrative evidence, lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s relied on purely testimonial or substantive evidence. Melvin Belli
Melvin Belli
Melvin Mouron Belli was a prominent American lawyer known as "The King of Torts" and by detractors as 'Melvin Bellicose'. He had many celebrity clients, including Zsa Zsa Gabor, Errol Flynn, Chuck Berry, Muhammad Ali, Sirhan Sirhan, the Rolling Stones, Jim Bakker and Tammy Faye Bakker, Martha...
and Earl Rogers
Earl Rogers
Earl Rogers was a successful American trial lawyer.-Life:He was the son of a Methodist minister who went to California when Earl was still a small boy. He was admitted to the bar in 1897. One of his clerks was Buron Fitts. Rogers appeared for the defense in 77 murder trials and lost only three...
helped change that by introducing more demonstrative evidence. Scientific evidence emerged in the 1960s.
Mechanics of use
In American jurisprudenceJurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, demonstrative evidence, like any other kind of evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
must be relevant
Relevant
Relevant may refer to:* Relevant operator, a concept in physics, see renormalization group* Relevant, Ain, a commune of the Ain département in France* Relevant Magazine, an American religious publication...
. At this point the proponent of the demonstrative evidence can either try to get the evidence admitted into the official record of the case or can choose to use the evidence as merely a prop. If the proponent of the evidence wants to have the evidence included in the official record of the case, the proponent will first ask for the evidence to be marked by the court for identification purposes. After the evidence is marked for identification, the proponent of the demonstrative evidence must lay a foundation
Lay a foundation
In law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Material evidence is important evidence that may serve to determine the outcome of a case. Exhibits include real...
. It is at this time that the relevancy of the demonstrative evidence is usually challenged. Laying of a foundation explains how the demonstrative evidence relates to the facts of the case and establishes the evidence's authenticity. Once the foundation is laid, the proponent may ask to officially move the piece of evidence into the record where it is marked as a full exhibit. If the evidence is marked as a full exhibit the jury may refer to the evidence during deliberations and in most jurisdictions the jury may examine the evidence during deliberations. If the evidence is not marked as a full exhibit, the jury cannot do these things. As a matter of courtesy, the proponent of the demonstrative evidence generally shows the piece of evidence to the opposing party before marking it for identification purposes. In criminal cases certain kinds of demonstrative evidence are subject to mandatory disclosure under the case law governing discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
. See Brady v. Maryland
Brady v. Maryland
Brady v. Maryland, 373 U.S. 83 , was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United...
.
Popular culture
Examples of demonstrative evidence from popular culture include their use in these motion pictures:- The RainmakerThe Rainmaker (1997 film)The Rainmaker is a 1997 American drama film directed by Francis Ford Coppola and starring Matt Damon. Coppola wrote the script, based on the 1995 novel of the same name by John Grisham....
- use of a plaque to show the number of claims filed and accepted - Erin BrockovichErin Brockovich (film)Erin Brockovich is a 2000 biographical film directed by Steven Soderbergh. The film is a dramatization of the story of Erin Brockovich, played by Julia Roberts, who fought against the US West Coast energy corporation Pacific Gas and Electric Company. Roberts won the Academy Award, Golden Globe,...
- charts and files - A Few Good MenA Few Good Men (film)A Few Good Men is a 1992 drama film directed by Rob Reiner and starring Tom Cruise, Jack Nicholson, and Demi Moore. It was adapted for the screen by Aaron Sorkin from his play of the same name. A courtroom drama, the film revolves around the trial of two U.S...
- logs and photographs - My Cousin VinnyMy Cousin VinnyMy Cousin Vinny is a 1992 American comedy film written and produced by Dale Launer, directed by Jonathan Lynn and starring Joe Pesci, Ralph Macchio, Marisa Tomei, Mitchell Whitfield, Lane Smith, Bruce McGill and Fred Gwynne...
- photographs, tape measure