Question

What standard does a prosecutor need use in determining whether items have been properly authenticated?

Answer 1

Authenticating or Identifying Evidence, Rule 901 (a) ALL IN ALL. The proponent must provide evidence adequate to sustain a finding that the item is what the proponent asserts it is in order to satisfy the requirement of authenticating or identifying an item of evidence.

What is Rule 901. Authenticating or Identifying Evidence?

Authenticating or Identifying Evidence, Rule 901 (a) ALL IN ALL. The proponent must provide evidence adequate to sustain a finding that the item is what the proponent asserts it is in order to satisfy the requirement of authenticating or identifying an item of evidence. The authenticity of the evidence is one need that must be met for it to be considered admissible by the court. A rule of evidence known as "authentication" stipulates that there must be adequate evidence to support a determination that the thing in question is what its proponent says.

The first step in authenticating a piece of evidence is to call a witness who can attest from personal experience that it is what the claimant says it is. As an illustration, in United States v. Evidence must be sufficiently demonstrated to establish its authenticity in order for it to be admitted into court. Only a prima facie showing is necessary, hence the burden of proof for authentication is relatively low.

To learn more about Rule 901 refer to:

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