Use of Real and Demonstrative Evidence at Trial
33 Trial Law. Guide 550 (1990)
Posted: 20 Aug 2014
Date Written: August 18, 1990
The authors explore the impact of real and demonstrative evidence at trial and advocate for the use of such evidence when appropriate to leave lasting impression on the jury. Mulroy and Rychlak suggest that more trial attorneys should make use of real and demonstrative evidence. Both types of evidence must, of course, pass the hurdles of admissibility. Fortunately for attorneys, judges often admit real evidence (as it is clearly relevant — having being involved in the event on trial) unless it does little to help the jury decide the issues. Still yet, when real evidence is deemed too prejudicial or inflammatory, the attorney can fall back on demonstrative evidence. By using models, drawings, and other exhibits, the attorney imparts an affect similar to real evidence on the jury. The authors provide illustrative examples of the use of both real and demonstrative evidence in actual trials to demonstrate their usefulness.
Keywords: Evidence, Law, Demonstrative Evidence, Real Evidence
JEL Classification: K19
Suggested Citation: Suggested Citation