When should video tape be admitted in evidence in court?

[hedgehog]

[ZombieHorde]

1. When the tape has relevent images on it? nt

[1-Old-Man]

2. On the day tapes can't be doctored.

[PoliticAverse]

3. Printed documents can be doctored or forged and they are admitted. n/t

[FarCenter]

4. They can't be on their own

Video tapes, like other business or personal records, must be attested to by whoever controlled the creation of it, and supported by a chain of custody that is attested to by additonal witnesses.

[X_Digger]

6. +1 n/t

[hedgehog]

5. I was thinking more along the lines of the tape subject -

I can see admitting tape from say, a closed circuit camera. But any tape made after the fact should be admitted only if the person(s) on the tape are sworn in and cross examined. George Zimmerman effectively testified in his trial, but the prosecution was never allowed to question him.

[PoliticAverse]

7. If you are referring to the Hannity interview it was the Prosecution that got that tape admitted. n/

[Igel]

8. When it's not testimony.

No swearing in, no testimony.

But it's better than hearsay evidence. "I heard so-and-so say such-and-such" now becomes an object that can be validated and examined. As such, it's a valid report of what a person said.

He might be fibbing. Telling tall tales. Lying through his teeth. But it's what he said. You'd admit letters that somebody wrote. You'd admit a diary. How's a videotape different?

In all cases, though, think of it as raising the bar. You don't want to testify? Fine--here's a video of what you said. Want to rebut yourself? Enjoy.

You wouldn't admit a nice report that the accused wrote for the court, knowing that its only purpose was to sway the jury, at least not let it stand. So I think I'd object to a videodiary made specifically for the jury. But if you're interviewed on some show, sure. Why not?

BTW, there are going to be very neat and tidy rules of evidence on judges', courts, or the state website about things like this. This is an empirical question that just needs a bit of Googling--unless it's behind a firewall with a lawyer/judge ID needed for access.