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VOLUME 4 - CHAPTER 25
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25.9 Electronic Recordings

    25.9.3 Electronic Recording: Inaudibility

    25.9.3.1 Recordings: Questionable Audibility
    25.9.3.2 Electronic Recording: Whether Partial Inaudibility Warrants Exclusion

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VOLUME 4 - CHAPTER 25

    25.9.3.1    Recordings: Questionable Audibility

    See generally FORECITE National™ 25.9.2 [Tape Recording: When Transcripts Used].

See Manual On Recurring Problems In Criminal Trials [3. Admissibility: Tape Recordings Of Conversations].

See also Manual On Recurring Problems In Criminal Trials [3a. Tape Recordings Of Conversations: Tape Recordings May Be Admitted Into Evidence].

See also Manual On Recurring Problems In Criminal Trials [3b. Tape Recordings Of Conversations: Pretrial Procedure With Regard To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3c. Tape Recordings Of Conversations: Court May Permit Jurors To Have Transcripts As They Listen To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3d. Tape Recordings Of Conversations: Courtroom Procedure With Regard To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3e. Tape Recordings Of Conversations: Jurors May Rehear Tape Recordings After They Have Begun Deliberations].

See 1st Circuit Pattern Jury Instructions - Criminal 2.09.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.42.

See also 7th Circuit Federal Jury Instructions - Criminal 3.17.

See also 8th Circuit Model Jury Instructions - Criminal 2.06.

See also 9th Circuit Model Jury Instructions - Criminal 2.7.

See also 11th Circuit Pattern Jury Instructions - Criminal TI 6.

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 VOLUME 4 - CHAPTER 25

    25.9.3.2    Electronic Recording: Whether Partial Inaudibility Warrants Exclusion

PRACTICE NOTE: "No all embracing rule on admissibility should flow from partial inaudibility or incompleteness. The Court of Appeals for the Third Circuit [citation] has said that partial inaudibility is no more valid reason for excluding recorded conversations than the failure of a personal witness to overhear all of a conversation should exclude his testimony as to those parts he did hear. Unless the unintelligible portions are so substantial as to render the recording as a whole untrustworthy the recording is admissible, and the decision should be left to the sound discretion of the trial judge. This is especially so when the witness who heard the statements recorded also testifies, so that the recordings give independent support to his testimony. [Citations.]."  (State v. Rogan (OH 1994) 640 NE2d 535, 542; see also Wright v. State (AL 1954) 79 So2d 66, 73; State v. Slater (WA 1950) 218 P2d 329, 333.)

See Manual On Recurring Problems In Criminal Trials [3. Admissibility: Tape Recordings Of Conversations].

See also Manual On Recurring Problems In Criminal Trials [3a. Tape Recordings Of Conversations: Tape Recordings May Be Admitted Into Evidence].

See also Manual On Recurring Problems In Criminal Trials [3b. Tape Recordings Of Conversations: Pretrial Procedure With Regard To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3c. Tape Recordings Of Conversations: Court May Permit Jurors To Have Transcripts As They Listen To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3d. Tape Recordings Of Conversations: Courtroom Procedure With Regard To Tape Recordings].

See also Manual On Recurring Problems In Criminal Trials [3e. Tape Recordings Of Conversations: Jurors May Rehear Tape Recordings After They Have Begun Deliberations].

See 1st Circuit Pattern Jury Instructions - Criminal 2.09.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.42.

See also 7th Circuit Federal Jury Instructions - Criminal 3.17.

See also 8th Circuit Model Jury Instructions - Criminal 2.06.

See also 9th Circuit Model Jury Instructions - Criminal 2.7.

See also 11th Circuit Pattern Jury Instructions - Criminal TI 6.