Unpublished Flashcard
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Federal Evidence • Documentary Evidence
EVID#107
Legal Definition
A voice may be authenticated by anyone with sufficient familiarity of the person's voice, or by making a call to the person listed in a phone directory and then asking that person to self-identify.
Plain English Explanation
Imagine you hear someone's voice on a recording and you think, "I recognize that voice!" If you know them well enough to be sure it's their voice, then you can officially say it's them. This is important in situations like a court case, where proving who said what can be crucial. But what if you don't know their voice that well? Then there's a backup plan: you can call their phone number, and if they answer and say it's them, that's good enough.
Hypothetical
Hypo 1: Sam receives a voicemail that he believes is from Bob, threatening him. Sam knows Bob's voice well and is confident that it's him on the recording. Result: Sam can use this voicemail as evidence in court, authenticating that the voice is indeed Bob's based on his familiarity with Bob's voice.
Hypo 2: Bob leaves an anonymous tip on a crime hotline. Sam, an investigator, tracks the call to a number listed for Bob. He calls the number, and Bob answers, confirming his identity. Result: Sam can authenticate that the anonymous tip came from Bob because he self-identified on a call to his known phone number.
Hypo 2: Bob leaves an anonymous tip on a crime hotline. Sam, an investigator, tracks the call to a number listed for Bob. He calls the number, and Bob answers, confirming his identity. Result: Sam can authenticate that the anonymous tip came from Bob because he self-identified on a call to his known phone number.