ABSTRACT

Since the jury is not allowed to have a transcript of testimony in the jury room but must, instead, rely on its collective memory of what was said, real evidence is potentially much more likely to sway the jury. For this reason, there are several rather strict rules concerning the admission of real evidence, which are really only relevant in a jury trial because the law operates under the assumption that judges are capable of deciding how much weight to give such things without imposing severe restrictions. For this reason, in a judge trial, it is much simpler to use exhibits and demonstrations, which we will discuss in Chapter 13.