2 California Evidence (4th), Demonstrative, Experimental, and Scientific Evidence
I. GENERAL PRINCIPLES
A. [§1] Definitions and Classification.
B. [§2] Relation to Rules of Evidence.
II. REAL OR DEMONSTRATIVE EVIDENCE
A. Admission of Relevant Objects.
1. [§3] General Rule.
2. Illustrations.
(a) [§4] Instruments Used To Commit Crimes.
(b) [§5] Stolen Property.
(c) [§6] Other Objects.
B. Exclusion of Irrelevant Objects.
1. [§7] Weapons.
2. [§8] Other Objects.
C. Inflammatory Matter.
1. General Rule.
(a) [§9] Admission Despite Some Prejudice.
(b) [§10] Illustrations: Photographic Evidence.
(c) [§11] Illustrations: Physical Objects.
2. Discretionary Exclusion.
(a) [§12] Harmless Error.
(b) [§13] Reversible Error.
D. Photographic Evidence.
1. Admissibility in General.
(a) [§14] Statement of Rule.
(b) [§15] Illustrations of Rule.
2. [§16] Foundation.
3. [§17] "Silent Witness" Theory.
4. [§18] Photographic Identification of Absent Defendant.
5. [§19] Posed Photograph or Film.
6. Motion Pictures and Videotape.
(a) [§20] Admissibility in General.
(b) [§21] Use in Civil Cases.
(c) [§22] Use in Criminal Cases.
7. [§23] X-Ray Pictures and Similar Imaging.
E. [§24] Diagrams, Maps, Models, and Computer Animation.
F. View of the Scene.
1. [§25] In General.
2. [§26] Scope of View.
3. [§27] Procedure: View by Trier of Fact in Civil Case or by Judge in Criminal Case.
4. [§28] Procedure: View by Jury in Criminal Case.
5. View as Independent Evidence.
(a) [§29] View by Judge.
(b) [§30] View by Jury.
(c) [§31] Exceptions.
G. Physical Examination and Exhibition.
1. [§32] Physical Examination.
2. [§33] Exhibition.
H. [§34] Samples.
III. EXPERIMENTS
A. [§35] Experiments Before Trial.
B. [§36] Experiments in Courtroom.
C. [§37] Illustrations.
D. Foundation: Showing of Similar Conditions.
1. [§38] Necessity of Showing.
2. [§39] Distinction: Relevant Without Similar Conditions.
3. [§40] Necessity of Specific Objection.
IV. CHEMICAL AND PHYSICAL TESTS
A. [§41] Nature and Scope of Subject.
B. Scientific Basis and Reliability.
1. [§42] California's Kelly Rule.
2. Clarifications and Distinctions.
(a) [§43] General Scientific Acceptance.
(b) [§44] Distinction: Established Scientific Technique.
(c) [§45] Distinction: Expert Opinion.
(d) [§46] Distinction: Administrative Proceeding Where Issue Is Test Results.
3. [§47] Federal Rule.
C. Tests for Intoxication.
1. [§48] In General.
2. Breath Tests.
(a) [§49] Alcoholic Concentration Tests.
(b) [§50] Preliminary Alcohol Screening Test.
(c) Challenges to Test.
(1) [§51] Partition Ratio Variability.
(2) [§52] Other Challenges.
3. Blood Test.
(a) [§53] Nature of Test.
(b) [§54] California Statute.
4. [§55] Constitutionality of Statute.
D. [§56] Tests for Narcotics.
E. Genetic Tests To Prove Identity.
1. [§57] In General.
2. [§58] Blood Group Test.
3. Electrophoresis.
(a) [§59] Nature of Test.
(b) [§60] Former Law: Reliability of Test Unproven.
(c) [§61] Current Law: Reliability of Test Established.
4. DNA Typing.
(a) [§62] Nature and Types of Tests.
(b) RFLP Test.
(1) Uncertainty in Court of Appeals.
(aa) [§63] Test Found Reliable.
(bb) [§64] Test Not Found Reliable.
(2) [§65] Reliability of Test Established.
(c) [§66] Reliability of PCR Test Established.
5. [§67] Other Tests.
F. Genetic Tests for Nonpaternity or Paternity.
1. Tests for Nonpaternity.
(a) [§68] Nature of Test and Former Law.
(b) [§69] Uniform Act and Family Code.
(c) Applicable Where Conclusive Presumption Involved.
(1) [§70] Former Law and Uniform Act.
(2) [§71] Procedure.
(3) [§72] Illustration: Presumption Overcome.
2. Tests for Paternity.
(a) [§73] Former Law: Inadmissible.
(b) Current Rule of Admissibility.
(1) [§74] HLA Test.
(2) [§75] Statutory Authorization.
3. Procedure in Civil Cases.
(a) [§76] Request and Order.
(b) [§77] Experts.
(c) [§78] Additional Tests on Request.
(d) [§79] Service of Test Results and Foundation.
4. Right and Procedure in Criminal Cases.
(a) [§80] In General.
(b) [§81] Cases Not Involving Paternity.
G. Radar Speedmeter.
1. [§82] Admissibility of Evidence.
2. Inadmissibility of Speed Trap Evidence.
(a) [§83] Primary Definition of Speed Trap.
(b) [§84] Alternate Definition of Speed Trap.
(c) [§85] Statutory Prohibition.
(d) [§86] Effect of Proposition 8.
H. Polygraph ("Lie Detector").
1. [§87] Nature of Test.
2. [§88] Admission by Stipulation.
3. Evidence Inadmissible Against Defendant.
(a) [§89] Evidence of Test.
(b) [§90] Admissions Connected With Test.
(c) [§91] Evidence of Refusal To Take Test.
(d) [§92] Distinction: Collateral Use.
(e) [§93] Evidence Inadmissible for Defendant.
4. Witherspoon Rule and Legislative Repudiation.
(a) [§94] Witherspoon Case: Blanket Exclusion Rule Rejected.
(b) [§95] Legislative Repudiation.
I. Truth Serum.
1. [§96] Nature of Test.
2. [§97] Distinction: Opinion Based on Test.
J. Voiceprint.
1. [§98] Nature of Test.
2. [§99] Admissibility of Evidence.
K. Hypnosis.
1. Exclusion of Testimony of Hypnotized Witness.
(a) [§100] Promulgation of Rule.
(b) [§101] Reaffirmation of Rule.
(c) [§102] Rule Retroactive.
2. [§103] Hypnotized Defendant's Right To Present Evidence.
3. Admissibility of Prehypnotic Evidence.
(a) [§104] Nature of Problem.
(b) [§105] Statutory Authorization.
(c) [§106] Clarifications and Distinctions.
L. [§107] Penile Plethysmograph.
M. [§108] Dolls Used To Detect Child Abuse.
N. [§109] Other Tests.