"If you want to crown their ass... crown their ass! But they *were* who we *thought* they were, and we let 'em off the hook!" Coach Dennis Green of the Arizona Cardinals after almost beating the undefeated Chicago Bears. Dennis was let go at the end of the season. A classic!
Yes, videos have to be authenticated under FRE 901. Essentially, the proponent has to show that the video is what they claim it to be. That can be done through a witness with personal knowledge like the officer who was in the video or through a system or process witness like an IT person who can testify about how the system records and that it was working properly.
Do I have to play the flash drive or DVD while asking the witness to authenticate it, or just show them the physical DVD or flash drive? Then, after they authenticate and once admitted into evidence, play it for the jury at that time?
Great question. When I teach lawyers this subject I always recommend entering the evidence via flashdrive or DVD. I recommend making a PowerPoint with clips of your video cut up in the way you want to present the evidence. Depending on your jurisdiction you may draw some objections to rule of completeness. However, defense can always play the full video during cross and typically cannot establish relevance. So yes, depending on your jurisdiction rules I would recommend having the video ready to go in your computer for many reasons.
@@tacticalattorney Thanks! I think I get it. I’m an attorney, but I don’t often go to court. Most of my cases settle. I think I’m getting stuck on it being a video exhibit. Obviously, if it were a photo, I’d just show the witness the actual photo to authenticate it. However, since it’s a video exhibit, I assume I can’t play the video before authenticating (I.e., before the exhibit is admitted into evidence). From your video and sources I looked at with sample foundation questions, you have the witness testify they recorded a video on their cell phone or in your case body cam, that they downloaded the recording onto a DVD or flash drive from their cell phone, for example, and watched it afterward and it accurately represents what they witnessed and nothing was altered. Then, after Judge admits the DVD or flash drive, assuming they find you have met the foundation, you can then play the video or portions thereof and questions regarding the same of your witness. Or, can I show the video to the witness first and then just ask them the foundation questions to authenticate? It’s a 5 minute recording, not long.
@@annmcintire8888 That's a common, question. The way to authenticate a video, is to show the DVD or flash drive to the witness pre-trial during witness prep. Play the video for them and ask if it's a fair and accurate depiction, i.e. is that what you saw? Does it look like it's been modified in any way? Once they verify you have them initial the exhibit. When you lay foundation during trial you can ask them if they have previously watched the video? Does your initials indicate that you watched it? Is it a fair and accurate depiction? Thats all you need. If it's a system or process witness you would do the same thing except ask additional questions about how the system works and if the video appeared to record properly. Hope that helps.
@@tacticalattorney Thank you so much! Yes, I watched how the prosecutor laid the foundation for the infamous cell phone video in Alex Murdaugh’s trial! And I figured I could have my witness watch the video on the flash drive before trial to verify it is a fair and accurate recording and so she could authenticate the same on the stand. Our trial ended up being continued to 5/25 due to Court congestion, but I’m feeling fully prepared with the help of your TH-cam channel and watching actual trial footage. Thanks again for taking the time to answer my questions!
"If you want to crown their ass... crown their ass! But they *were* who we *thought* they were, and we let 'em off the hook!" Coach Dennis Green of the Arizona Cardinals after almost beating the undefeated Chicago Bears. Dennis was let go at the end of the season. A classic!
Do you offer online or zoom training? This channel is essential!
Yes I do. Contract me at escramlin@tacticalattorney.com
Thank
Do interrogation video have to be Authenticate to be enter into evidence?
Yes, videos have to be authenticated under FRE 901. Essentially, the proponent has to show that the video is what they claim it to be. That can be done through a witness with personal knowledge like the officer who was in the video or through a system or process witness like an IT person who can testify about how the system records and that it was working properly.
Do I have to play the flash drive or DVD while asking the witness to authenticate it, or just show them the physical DVD or flash drive? Then, after they authenticate and once admitted into evidence, play it for the jury at that time?
Great question. When I teach lawyers this subject I always recommend entering the evidence via flashdrive or DVD. I recommend making a PowerPoint with clips of your video cut up in the way you want to present the evidence. Depending on your jurisdiction you may draw some objections to rule of completeness. However, defense can always play the full video during cross and typically cannot establish relevance. So yes, depending on your jurisdiction rules I would recommend having the video ready to go in your computer for many reasons.
@@tacticalattorney Thanks! I think I get it. I’m an attorney, but I don’t often go to court. Most of my cases settle. I think I’m getting stuck on it being a video exhibit. Obviously, if it were a photo, I’d just show the witness the actual photo to authenticate it. However, since it’s a video exhibit, I assume I can’t play the video before authenticating (I.e., before the exhibit is admitted into evidence). From your video and sources I looked at with sample foundation questions, you have the witness testify they recorded a video on their cell phone or in your case body cam, that they downloaded the recording onto a DVD or flash drive from their cell phone, for example, and watched it afterward and it accurately represents what they witnessed and nothing was altered. Then, after Judge admits the DVD or flash drive, assuming they find you have met the foundation, you can then play the video or portions thereof and questions regarding the same of your witness. Or, can I show the video to the witness first and then just ask them the foundation questions to authenticate? It’s a 5 minute recording, not long.
@@annmcintire8888 That's a common, question. The way to authenticate a video, is to show the DVD or flash drive to the witness pre-trial during witness prep. Play the video for them and ask if it's a fair and accurate depiction, i.e. is that what you saw? Does it look like it's been modified in any way? Once they verify you have them initial the exhibit. When you lay foundation during trial you can ask them if they have previously watched the video? Does your initials indicate that you watched it? Is it a fair and accurate depiction? Thats all you need. If it's a system or process witness you would do the same thing except ask additional questions about how the system works and if the video appeared to record properly. Hope that helps.
@@tacticalattorney Thank you so much! Yes, I watched how the prosecutor laid the foundation for the infamous cell phone video in Alex Murdaugh’s trial! And I figured I could have my witness watch the video on the flash drive before trial to verify it is a fair and accurate recording and so she could authenticate the same on the stand. Our trial ended up being continued to 5/25 due to Court congestion, but I’m feeling fully prepared with the help of your TH-cam channel and watching actual trial footage. Thanks again for taking the time to answer my questions!
@@annmcintire8888 Awesome! Sounds like you got it figured out.
Where do I download the materials from?
The links should be working now. You can access the materials here: www.subscribepage.com/tacticalattorney_copy
There’s no link ..
Sorry about that. I was recently made aware the links are down. I'll get those links updated ASAP
The links should be working now. You can access the materials here: www.subscribepage.com/tacticalattorney_copy
Another great video that gets a thumbs down for the terrorist desecrated American flag in the background.
Great advice for us broke defendants who must go pro-say. Thanks
Pro se