Demonstrative Evidence
Definitions of “demonstrative evidence”
• Demonstrative evidence is evidence offered for purposes of illustration and clarification.
Fry v. State, 25 N.E.3d 237, 246 (Ind. Ct. App. 2015), trans. denied(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))
Diaz v. State, 934 N.E.2d 1089, 1094 (Ind. 2010)(quoting Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))
Myers v. State, 887 N.E.2d 170, 184-85 (Ind. Ct. App. 2008), reh’g denied, trans. denied(Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))
See Meisberger v. State, 640 N.E.2d 716, 721 (Ind. Ct. App. 1994), trans. denied(citing J. Strong, McCormick on Evidence § 212 (4th Ed.1992))(“Demonstrative evidence is tendered for the purpose of rendering other evidence comprehensible to the trier of fact.”)
• [Demonstrative evidence is] [p]hysical evidence that one can see and inspect (i.e. an explanatory aid, such as a chart, map, and some computer simulations) and that, while of probative value and usu[ally] offered to clarify testimony, does not play a direct part in the incident in question.
Black’s Law Dictionary ? (10th ed. 2014)
Admissibility: In general
• To be admissible, the evidence need only be sufficiently explanatory or illustrative of relevant testimony to be of potential help to the trier of fact.
Fry v. State, 25 N.E.3d 237, 246 (Ind. Ct. App. 2015), trans. denied(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))
Miller v. State, 916 N.E.2d 193, 197 (Ind. Ct. App. 2009), trans. denied(citing Myers v. State, 887 N.E.2d 170, 185 (Ind. Ct. App. 2008), reh’g denied, trans. denied)(“To be admissible, such exhibits need only be sufficiently explanatory or illustrative of relevant testimony to be of potential help to the trier of fact.”)
Diaz v. State, 934 N.E.2d 1089, 1094 (Ind. 2010)(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))(“To be admissible, the evidence must be sufficiently explanatory or illustrative of relevant testimony to be of potential help to the trier of fact.”)
See Dunlap v. State, 761 N.E.2d 837, 842 (Ind. 2002)(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))(“Demonstrative evidence may be admissible if it sufficiently explains or illustrates relevant testimony as to be a potential help to the trier of fact.”)
• The admissibility of demonstrative evidence, like all evidence, is also subject to the balancing of probative value against the danger of unfair prejudice.
Miller v. State, 916 N.E.2d 193, 197 (Ind. Ct. App. 2009), trans. denied(citing Myers v. State, 887 N.E.2d 170, 185 (Ind. Ct. App. 2008), reh’g denied, trans. denied)
See Dunlap v. State, 761 N.E.2d 837, 842 (Ind. 2002)(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))(“The admissibility of demonstrative evidence must also meet the requirements of Rule 403, which balances probative value against prejudicial effect.”)
Admissibility: Discretion of the trial court
• The trial court's decision regarding the admissibility of a demonstrative exhibit is reviewed under an abuse of discretion standard.
Fratter v. Rice, 954 N.E.2d 497, 505 (Ind. Ct. App. 2011), trans. denied(citing Wise v. State, 719 N.E.2d 1192, 1196 (Ind. 1999))
• [T]here is no abuse of discretion in refusing to admit demonstrative evidence where the jury is sufficiently informed by other evidence of that which is attempted to be portrayed.
Richmond Gas Corp. v. Reeves, 302 N.E.2d 795, 800 (Ind. Ct. App. 1973)(citing Margevich v. Chicago & N.W. Ry. Co., 116 N.E.2d 914, 918-19 (Ill. App. Ct. 1953), reh’g denied, cert. denied, 348 U.S. 861 (1954))
• “Generally, demonstrative exhibits are admissible in the trial court's sound discretion because ‘[o]rdinarily, whatever the jury may learn through the ear from descriptions given by witnesses they may learn directly through the eye from the objects described.’”
Meisberger v. State, 640 N.E.2d 716, 721 (Ind. Ct. App. 1994), trans. denied(quoting SCM Corp. v. Letterer, 448 N.E.2d 686, 692 (Ind. Ct. App. 1983), reh’g denied, trans. denied(quoting Hawkins v. State, 37 N.E.2d 79, 83-84 (Ind. 1941)))