NCJ Number
80931
Date Published
Unknown
Length
0 pages
Annotation
Tom Russell, an Assistant U.S. Attorney, discusses the uses of real and demonstrative evidence in criminal and civil trials. Examples of demonstrative evidence are exhibited to the audience of prosecuting attorneys.
Abstract
Real evidence is 'the thing itself' (the gun, the bloody shirt, etc.). Prosecuting attorneys should accompany agents on searches to ensure that such evidence is properly preserved. They should keep in mind that real evidence is not an element of the offense. Thus, a case can be presented without such evidence. Moreover, if evidence is presented, its materiality must be established in court. Attorneys must communicate the 'feel' and sound of the case when showing real evidence to the jury so the jurors can understand the full impact of the crime. When demonstrative (or illustrative) evidence is used, attorneys should attempt to display these visual messages before the jury for as long or as often as possible since jurors are more likely to believe evidence that they see over a period of time; repeating the evidence and pointing to it in its visual form is an effective way of establishing credibility. Slides, videotapes, charts, and graphs are examples of demonstrative evidence. In general, when using demonstrative evidence, attorneys should plan what material is to be used in advance, know the judge's opinion about the handling of evidence in court, ensure that the jury sees the evidence and that the equipment used is functioning, point to the visual evidence in both the opening and closing arguments, and maintain a list of the exhibits that will be used.