Authentication; proving your evidence is genuine
Article Abstract:
There are various ways of authenticating both oral and written evidence. With written evidence, a witness who observed the document being signed, a lay witness familiar with a person's handwriting, a questioned-document expert, distinctive knowledge or the jury basing its conclusion on known exemplars can authenticate. With oral evidence such as telephone conversations, distinctive knowledge or various voice identification technologies can be used. Real evidence is authenticated by establishing the chain of custody.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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An impeachment checklist; attacking the witness's credibility
Article Abstract:
An overview of methods of impeachment is presented. The Federal Rules of Evidence are unclear on impeachment, so they are only a rough guide. An attorney may impeach a witness in several ways, exposing the witness's bias, prior convictions, bad acts, bad reputation, lack of first-hand knowledge, mental defects and inconsistent statements. Impeachment is an attack on the witness's character, and should therefore only be used when necessary and justified.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Gestapo impeachment; hammering the witness makes you look like the bad guy
Article Abstract:
Cross-examining a witness should be done in simple, declarative language because this will result in instant comprehension. If this is done right, the witness will validate the statements as true. In impeachment, the witness's statement are proved wrong while the lawyer's are true, but there is no reason for an unduly ruthless approach to be taken with impeachment. Examples of witness examinations are given.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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