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25 U.C. Davis L. Rev. 957 (1991-1992)
The Derivative Relevance of Demonstrative Evidence: Charting Its Proper Evidentiary Status

handle is hein.journals/davlr25 and id is 967 raw text is: The Derivative Relevance of Demonstrative Evidence: Charting Its Proper Evidentiary Status Robert D. Brain * & Daniel J. Broderick** TABLE OF CONTENTS INTRODUCTION ............................................ 959 I. THE NATURE OF DEMONSTRATIVE EVIDENCE ............ 967 A. A Definition ....................................... 968 B. A Typology ....................................... 969 C. The Role of Demonstrative Evidence as a Means of Proof ............................................ 972 D. The Derivative Relevance of Demonstrative Evidence ... 973 E. Distinguishing Demonstrative Evidence from Other Parts of the Proof Process ................................ 978 II. THE DISJUNCTIVE HISTORY OF DEMONSTRATIVE EVIDENCE: THEORY AND PRACTICE ..................... 986 A. Demonstrative Evidence and the Dawning of a Law of Evidence ........................ ................. 986 B. Demonstrative Evidence and Precursive Modern Sources: 1800-1935 ....................................... 989 * Associate Professor of Law, Pepperdine University School of Law; J.D. 1980 University of California, Berkeley. ** Assistant Federal Public Defender, Eastern District of California; J.D. 1979 Yale University. This Article was sponsored, in part, by the Pepperdine University Research Grant Program, for which the authors express their appreciation. The authors are indebted to the many evidence scholars who took the time to review a draft of this Article and provided us with written comments. Some of these individuals agreed with our theses, others did not. In this regard, we especially would like to thank Professors EdwardJ. Imwinkelried, Jon Waltz, Thomas A. Mauet, Michael Tigar, Kenneth Graham, Laird Kirkpatrick, Paul Bergman, Edward Kimball, Steve Subrin, David McCord, and Harold Bigham, and Mr. William H. Fortune. We would also like to acknowledge and thank Ellyn Susan Garafalo, J.D. 1992 Pepperdine University, for her invaluable research assistance. 957

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