Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island

Schedule a Consultation

RI Criminal Defense Practice Manual CoverRHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald


State v. Wiley, 567 A.2d 802 (R.I. 1989). In-court demonstration by the prosecution resulted in reversible error when it took place under circumstances not substantially similar to those that existed at the time of the alleged incident. The trial judge also erred when he gave his personal estimates of the results of the courtroom demonstration.

A proponent of a courtroom demonstration must lay a preliminary foundation as to the similarity of conditions.
The trial judge may not comment on the results of any in-court experiment because the results are within the sole province of the fact finder.
State v. Perry, 574 A.2d 149 (R.I. 1990). The trial judge’s refusal to allow a courtroom demonstration of a video camera operation was affirmed. The conditions in court were not substantially similar because the equipment was different and the officer involved had aged.

<< Prev | Next >>

Back to Table of Contents

Back to Top

Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.

The contents of all material available on this Internet site www.AggressiveLegalServices.com are copyrighted by John E. MacDonald. ALL RIGHTS RESERVED. All rights are reserved by John E. MacDonald, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of John E. MacDonald.