Legal Definitions - authentication

In legal terms, authentication refers to the process of proving that a piece of evidence, such as a document, photograph, email, or physical object, is genuine and what its proponent claims it to be. Before evidence can be considered by a judge or jury in a courtroom, its authenticity must be established. This step is crucial because it ensures that the court is relying on reliable and legitimate information.

Think of authentication as "laying a foundation" for the evidence. It involves presenting enough supporting information to convince a reasonable person that the evidence is exactly what it purports to be. Without proper authentication, evidence might be excluded from a trial because its origin or integrity cannot be trusted.

Common ways to authenticate evidence include:

• Witness Testimony: A person who has direct knowledge of the evidence can testify to its authenticity. For instance, someone who saw a document being signed can confirm the signature.
• Distinctive Characteristics: The appearance, content, or circumstances surrounding the evidence might be unique enough to prove its origin. For example, a letter with specific jargon or inside jokes might be authenticated by its recognizable content.
• Chain of Custody: For physical evidence, demonstrating an unbroken record of who possessed the item and where it was stored can prove it hasn't been tampered with.
• Expert Comparison: An expert might compare a disputed signature or handwriting to known samples to confirm authorship.

For modern digital communications like text messages, emails, or social media posts, authentication often requires more than just a name on the account. Courts typically look for additional corroborating evidence, such as:

• Confirmation that the phone number or email address belongs to the alleged sender.
• The content of the message being consistent with the sender's known communication style or previous statements.
• Other interactions or circumstances that confirm the sender's identity.

Here are some examples to illustrate authentication:

• Example 1: A Handwritten Will

  Imagine a family dispute over a deceased relative's estate. One family member presents a handwritten document, claiming it is the deceased's last will and testament. To authenticate this document, they might need to call a witness who saw the deceased write and sign the will. Alternatively, a handwriting expert could compare the signature and handwriting on the will to other known writings of the deceased to confirm its authenticity. Without such proof, the court might not accept the document as a valid will, as there would be no reliable way to confirm it was genuinely written by the deceased.

• Example 2: A Crucial Text Message Exchange

  In a breach of contract case, one party wants to introduce a series of text messages as evidence, arguing they show the other party agreed to specific terms. Simply showing a screenshot of texts from a particular phone number isn't enough. To authenticate these messages, the party might need to testify that the phone number belongs to the other party, that they personally exchanged these messages, and that the content aligns with their ongoing discussions. They might also present other evidence, like call logs or emails, that corroborate the timing and substance of the text exchange, thereby proving the messages are genuine and came from the purported sender.

• Example 3: A Security Camera Recording

  During a criminal trial, the prosecution wants to show a jury a video from a store's security camera that allegedly captures the defendant committing a theft. To authenticate this video, they would typically call the store manager or a security technician to testify. This witness would explain how the camera system works, confirm that the video footage was retrieved directly from that system, and state that it has not been altered or edited since its recording. They might also confirm the date and time stamps on the video are accurate. This process assures the court that the video is an authentic, untampered recording of the events at that specific time and place.