Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Defendant/Appellant, Fisher and her two daughters were charged with theftfrom a store they were hired to clean.The owner of the store set up a camera

Defendant/Appellant, Fisher and her two daughters were charged with theftfrom a store they were hired to clean.The owner of the store set up a camera before appellantsarrived.In the owner's testimony regarding the video cameras, he stated that he set up the videocamera, turned it on, and confirmed that it was functioning correctly before leaving the store.Sheriff, Dick Wakefield testified that he witnessed the appellants daughter removing groceries inpaper sacks from the back door and arrested them. The appellant testified that she had a deal withthe owner and did not intend to steal but to return with a check to pay the balance. Fisher sought to exclude the tapes from being admitted into evidence because no witness had personallyobserved the theft. The appellant argued the court erred in admitting the video tape recordingsince no witnesses testified that the photographic evidence was a fair and accurate representationof the subject matter. (Photographic evidence may be admissible as substantive evidence withouta witness attesting to its accuracy as long as its authenticity is proven.) The trial court held thatthe video tape recording was admissible. This rule fits under the "silent witness" theory becausethe photographic evidence spoke for itself independent of a witness testimony to confirm thecontent

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Legal Environment of Business

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

11th Edition

9781133419716, 538473991, 1133419712, 978-0538473996

More Books

Students also viewed these Law questions