illinois law and practice Stephen L Richards Law Firm of Richards and Lyon 7738176927 Sricha5461aolcom Some definitions Real or Physical Evidence Objects or Materials which prove some fact at issue and which may be admitted ID: 577756
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Slide1
Demonstrative evidence in illinois: law and practice
Stephen L. Richards
Law Firm of Richards and Lyon
773-817-6927
Sricha5461@aol.com Slide2
Some definitions“Real” or “Physical” Evidence – Objects or Materials which prove some fact at issue and which may be admitted
“Demonstrative Aid” – an object not itself evidence which aids the
trier
of fact in weighing other testimony
“Demonstrative Evidence” --- sometimes means “physical” sometimes means
“aid”
Evidence, Argument, and Jury Instructions Slide3
Why are demonstrative aids more important to the defensethan to the prosecution?
Prosecution always has more physical evidence – crime scene photos, morgue photos, etc.
Defense needs some
counterbalance
“When in doubt,
physicalize
”
Slide4
Law of Demo Aids in a Nutshell
The purpose of demonstrative evidence is to aid the
trier
of fact in interpreting, understanding, and weighing other evidence or testimony. (
People v. Smith
(1992), 241 Ill.App.3d 365, 380, 182
Ill.Dec
. 667, 676, 610 N.E.2d 91, 100.) Slide5
If it appears that demonstrative evidence was used for dramatic effect, or emotional appeal, rather than factual explanation useful to the reasoning of the jury, such use should be regarded as reversible error. People v. Madison 264 Ill.App.3d 481, 487, 637 N.E.2d 1074 (
Ill.App
. 1 Dist.,1994)
But . . . Slide6
And in any event . . .
The decision of whether to allow a witness to use a demonstrative aid is within the sound discretion of the trial court and will not be reversed upon review absent an abuse of that discretion which results in prejudice to the defendant.
Smith,
241 Ill.App.3d at 380, 182
Ill.Dec
. at 676, 610 N.E.2d at 100.Slide7
Examples of demonstrative aids
Replacements
Experiments --
People
v. Smith 241 Ill.App.3d
365 (
Ill.App
. 5
Dist. 1992
)
Blackboards,
Powerpoints
, Charts
People v. Hamilton 80 Ill.App.3d
794, 400
N.E.2d
599
(
Ill.App
. 1 Dist., 1980)
Slide8
An experiment . . . Here
, no fingerprints were found at the scene that did not belong to the victims. Therefore, the perpetrator(s) most likely wore something to cover fingerprints. The bloody glove could have been used in the commission of this crime, and it was up to the jury to determine its weight. The State took a calculated risk in asking defendant to try on the glove. It may not have fit. Slide9
Strategies for getting it in
Find out what the prosecution wants to do
Pick something which doesn’t need to be previewed
Tell the judge she has discretion Slide10
Prosecution has the best ideas8 foot poster of the defendant’s criminal record
People v. Williams
(1994), 161 Ill.2d 1, 204
Ill.Dec
. 72, 641 N.E.2d
296;
People
v.
Bounds
, 171
Ill.2d 1, *57, 662 N.E.2d
1168 (1995).
Headless mannequin dressed in dead officer’s uniform blouse with splatter brains still visible
People v. Murray Blue