CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........Experiments & Reenactments
............Found. for Experiment-Reenact.
12 Cards On This Topic:
  • No foundational error while using substitute hamper in crime scene re-creation where original hamper not recovered, DA did not invite physical experiment and ample evidence for jury to find substitute resembled original.
  • No abuse of discretion in allowing W to demonstrate what s/he observed during shooting, with W posing as shooter and DA posing as V, where court could reasonably conclude it would be helpful to the jury in understanding Ws' testimony.
  • Adequate foundation laid for experimental, photographic approximation of murder location and conditions under which D took photos of V.
  • Relevancy of duplicated act requires similarity of conditions.
  • Dissimilarities are not pertinent unless they mislead.
  • Similarity required if results are basis of expert opinion.
  • Duplication of conditions must not be based upon speculation.
  • Testimony of experiment not restricted to person who performed it.
  • Where DA reconstructed bed to show W could see through it, admission of evid. depended on establishing requisite foundational, preliminary facts.
  • Experimental gunshot tapes properly admitted as relevant; conditions substantially similar to actual event; expert shown qualified; no undue time, confusion, or misleading jury.
  • Demonstrations of experiments used to merely illustrate principles in forming expert opinion do not require strict adherence to facts.
  • When experiment goes beyond "demonstration of physical principle," conditions must be sufficiently close to those in accident to avoid undue prejudice.