KEY ASSIGNMENT OUTLINE
I.
INTRODUCTION:
Scenario- In the course of preparing for trial, I am told to get the audio tapes of
evidence, but the original tapes cannot be found, and no one knows where the original
tapes went. AUSA states that the case could be thrown out of court now. I have a
working copy of the audio tape, and AUDA’s copies are scarcely perceptible. It seems
there was some difficulty with the equipment used to record. So, I opt to check on
information regarding the best evidence rule (Johnson, R. (2013).
II.
BODY:
1.
The Best Evidence Rule (Johnson, R. (2013).
A.
mandates the initial record, picture, or taping be utilized as proof at the
legal proceedings, as an alternative of a photocopy
B.
duplicate permitted just if the original is unobtainable
C.
pertains as soon as a person desires to declare the contents as evidence,
except the original is not obtainable
D.
the individual has to afford a satisfactory reason for its absence
E.
provided the court of law finds the reason stipulated as satisfactory,
a.
it is permitted to be applied as additional substantiation
b.
in order to verify the documents substances
c.
exists as allowable proof
F.
is relevant just when a person pursues to exhibit the contents to be
disclosed as evidence (LII, 2010)
2.
Executed Into the U.S. Court System Was the Best Evidence Rule
A.
is a deceiving label for the courts' first choice for genuine recordings,
writings, and pictures instead of photocopies
B.
The reason of this rule
a.
circumvent the possibility of mistakes that can be in duplicates
made by hand
b.
existing statute covered in the Federal Rules of Evidence
necessitates the usage of original recordings, writings, and pictures
c.
including the majority of prints or photocopies taken from the
same negative
d.
inaccuracy risks from these forms of photocopies virtually does not
exist
C.
When the original evidence is ruined, unavailable, misplaced, or in the
opponent’s control/ possession
a.
the court of law will not necessitate an individual to come up with
the original
b.
the best evidence rule was initially needed before the digital age
c.
duplicates of documents were made by hand.
d.
errors were commonly made.
e.
3.
4.
5.
6.
7.
often the person to disclose the document into court was the same
person who prepared the reproduction
f.
deliberate "inaccuracies" were frequently made, when it would be
to the person making the copy benefitted
g.
legitimate answer was to necessitate the original be produced if a
person sought to disclose it in court
(The Best-Evidence Rule, n. d.).
The Reasoning/Rationale Behind Its Application
A.
also identified as the Original Document Rule
B.
The underlying principle is logical
a.
before, "a copy was typically made by a clerk, or a participant to
the court case".
b.
a greater chance of error or fraud if original was not supplied
(Dicarlo, 2008).
Court Cases In Regards To Wiretapping
A.
Olmstead v. United States 277 U.S. 438 (1928):
a.
it did not interfere with the Fourth Amendment
b.
therefore was allowable in a court of law as proof
B.
Nardone v. United States 308 U.S. 338 (1939)
a.
evidence attained through wiretaps is a violation
Communications Act of 1934 prohibited as proof
C.
Goldman v. United States 316 U.S. 129 (1942)
a.
disclosure of an individual’s communiqué via Dictaphone usage
does not infringe upon the Communications Act
D.
Berger v. New York 388 U.S. 41 (1967)
a.
ruling by the state of New York permitting eavesdropping
paraphernalia too all-encompassing
b.
interferes with Fourth Amendment constitutional privileges
E.
Katz v. United States 347, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967):
a.
Fourth Amendment works to safeguard the individual/ not the
place
b.
data attained by wiretapping by way of a community telephone
allowable
The Existing Status Of Wiretapping Boundaries (Lee, 2007).
A.
are allowable as evidence if it does not interfere with an individual’s
Fourth Amendment right
a.
protection against unlawful searches
b.
protection against seizure
B.
must not go against the Communication’s Act of 1934
Synopsis Of The Existing Status Of Wiretapping Boundaries (corresponding to
the studied cases listed above)
Wiretapped Evidence Rules For Packaging And Preserving
A.
United States v. McKeever, 169 F. Supp. 426 (SDNY 1958)
a.
has to acquire court of law authorization
b.
otherwise an individual’s consent (only in a civil suit) prior to
eavesdropping through wiretapping (Stevens and Doyle, 2008)
B.
C.
D.
E.
F.
G.
8.
A.
B.
C.
D.
E.
III.
has to be operational and controlled by a trained individual
has to be genuine and accurate
can’t be modified
recorded people’s identity has to be able to be confirmed
recording has to be well-kept in a method presented to the court
must have been prepared without intimidation or enticement
Wiretapping and the "Fruit Of The Poisonous Tree" Doctrine
if gained via an unlawful fashion, it will be disqualified
although it affords proof of supplementary criminalities
in the best evidence rule, video and audio tapes can be disclosed as proof
on the condition the court is provided a sound justification with regard to
the loss
the copies have to meet terms of the guidelines
Conclusion: The Probable Result Of My Court Case (if the originals are not to be found)
1. Can a working copy of an audio recording be used in the provided scenario?
A.
yes – but…the case can also be” thrown out” (Johnson, 2013)
B.
is admissible in place of the original unless
a.
there is doubt that it’s an exact duplicate of the initial one
b.
it would be unfair to admit it (Delaware State Court, u. d.).
2. The best evidence rule
A.
asserts that if a recording is presented into evidence, just the
initial one can be admitted
B.
except if a reasonable explanation as to the originals disappearance can
be offered and accepted (Delaware State Court, u. d.).
3. Courts want to see the original evidence (wiseGEEK, u. d.).
A.
in the event that the initial one is damaged or unreachable, a
a.
duplicate will be acknowledged
b.
it has to be verified by a witness
c.
willing to provide evidence
d.
substantiate it is an exact copy of the initial one
A.
the best evidence rule is utilized in court (wiseGEEK, u. d.).
a.
on an individual basis,
b.
depending on the situation
B.
Today, a lot of evidence can be digitized (wiseGEEK, u. d.).
a.
some judges have confidence in these duplicates to be just as good
as the originals ones
b.
by means of evidence that is digitized lets persons protect original
misplacement
IV.
References
Delaware State Court, (u. d.). Questions and Answers about the Rules of Evidence, Can copies of
documents, recordings, or photographs be used? Retrieved September 9, 2013 from
http://courts.delaware.gov/Help/jp_rulevi_qa.stm
Dicarlo, V. (2008). Summary of the Rules of Evidence. Retrieved September 8, 2013 from
http://library.findlaw.com/2001/Jan/1/241488.html
Johnson, R. (September 8, 2013). Archived Live Chat 7. Retrieved September 9, 2013 from
http://ctuadobeconnect.careeredonline.com/p71509581/?session=breezgo479pwkyc9m3bat
Lee, G. (2007). Practical Criminal Evidence. Pearson Prentise Hall. Upper Saddle River, N. J.
Legal Information Institute (2010). Best Evidence Rule. Retrieved from
http://www.law.cornell.edu/wex/best_evidence_rule
The Best-Evidence Rule. (n. d.) A Law Dictionary, Adapted to the Constitution and Laws of the
United States. By John Bouvier. (1856). Retrieved September 8, 2013 from http://legaldictionary.thefreedictionary.com/The+Best-Evidence+Rule
wiseGEEK, (u. d.). What Is the Best Evidence Rule? Retrieved September 9, 2013 from
http://www.wisegeek.com/what-is-the-best-evidence-rule.htm