Foundation (evidence)

The Federal Rules of Evidence states rules regarding a piece of evidence's relevancy and whether or not it is admissible. F.R.E. 402 states relevant evidence is admissible unless otherwise excluded by: "The U.S. Constitution, a federal statute, the Federal Rules of Evidence, or other rules proscribed by the Supreme Court." F.R.E. 402 further provides that irrelevant evidence is inadmissible. The rule states: "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action." This process of testing evidence's probative value requires a process of legal analysis and reasoning. Evidence that is irrelevant is inadmissible in court according to F.R.E. 402. F.R.E. 403 lists some of the reasons that relevant evidence would be excluded. These reasons include: the likelihood of the jury becoming unduly prejudiced to a party, and a likelihood that the evidence will cause the jury to confuse the issues or be mislead, etc. In Old Chief, the defendant was on trial for an altercation that resulted in him firing a weapon. This may be done outside of the presence of the jury at a preliminary hearing. == Authentication ==

The Federal Rules of Evidence mandate that evidence be authentic in order to be introduced at trial. This means the proponent of evidence must "produce evidence sufficient to support a finding that the item is what the proponent claims it is." This may include facts with regards to: distances in the photograph, inaccuracies or distortions, the camera the photograph was taken with, the circumstances under which the photo was taken, etc. First, the proponent of the evidence must request that the item be marked for identification. The proponent will then hand the item of evidence to the bailiff/court reporter who will mark it (ie.: Exhibit 1). After the item of evidence has been marked for purposes of identification, the attorney must then hand it to opposing counsel for inspection. Following opposing counsel's inspection, the proponent can then bring the item of evidence to the witness. Once the item of evidence is with the witness, the proponent must lay sufficient foundation to establish the evidence's authenticity. The attorney must now elicit answers from the witness that establish the evidence is what is purports to be. Once a sufficient foundation has been laid, the proponent may ask the judge to move the item into evidence. The judge will then ask if there are any objections from opposing counsel, and make a determination as to whether or not the evidence will be admitted. If the judge rules to admit the evidence, it can then be shown to the jury. == Witness testimony ==

Attorneys must lay a foundation for witness testimony at trial. The process differs when the witness is a lay witness or an expert witness. Lay witnesses A lay witness is a non-expert who may only provide opinions based upon their own personal knowledge of particular facts at issue in a case. F.R.E. 602 provides the rule relating to the necessary foundation that must be laid for a witness to testify on a particular matter. For example, to establish a basis of a lay witness's personal opinion of a defendant, an attorney may ask the witness questions such as: whether they know the defendant? How do you know the defendant? How long have you known the defendant? That standard, while superseded by 702, is still a valid challenge to expert testimony. The Daubert standard inquires: 1) whether the expert's scientific method has been subject to testing, 2) whether the method has undergone peer review and been published, 3) how fallible is the method, 4) whether the method is subject to particular standards when it is undertaken, 5) whether the method is accepted in the scientific community in which it is employed? == References ==