Evidence is proof that is presented in court

Evidence is proof that is presented in court

Evidence is proof that is presented in court to convince the judge or jury about the facts of the case. In judicial hearings, the ruling given depends on the strength of the evidence provided in the course of the trial. There are several types of evidence such as real evidence, testimonial evidence, and demonstrative evidence

Real or physical evidence refers to the material items that are involved in a case. It is evidence that can be physically presented to the court for examination (Malsch & Freckelton, 2016). Testimonial evidence, on the other hand, is oral or written information that is presented to a court. The person giving the testimonial evidence narrates to the court what they heard or saw, concerning the facts of the case at hand. The witness is usually under oath that what they will say is the truth. This type of evidence enables investigators to get a clear picture of the crime scene.

Real evidence cannot stand alone in court and requires an expert witness to explain its significance in court. An example of this is material objects, such as the murder weapon. It is real evidence which can be produced at trial. Sometimes, it is impossible to physically produce the object in court. In such circumstances, photographs can be produced as evidence of what they have captured. For example, the position of the deceased’s body when it was discovered. Video recordings are also acceptable in court as real evidence, such as footage from CCTV cameras. For both photographs and video recordings, the witness has to prove their authenticity. Forensic evidence can also be used as real evidence. This refers to materials or traces of materials that have undergone forensic analysis in the lab. Such materials may include hair, fibers, soil, or firearm residues. An individual’s appearance can also be presented as real evidence. For example, an injured person can show the injuries that they got from an incident. Real evidence is important to the jury since they can be able to physically examine it without bias (Malsch & Freckelton, 2016). It, therefore, stands as a fact regarding the case and makes it easy for them to make a decision.

Demonstrative evidence is usually in the form of representative objects such as charts and diagrams. It is used to illustrate the testimony of a witness. For example, maps can be used to illustrate the crime scene. This significance of this type of evidence is that it serves as an aid to create context among facts (Baier et al., 2018).

Evidence can be classified as either direct or circumstantial. Direct evidence presents a fact that does not require the jury to make an inference. For example, witness testimony that the shooter was seen shooting a murder victim. Circumstantial evidence, on the other hand, is that which needs an inference to be made by the jury to connect the evidence to a conclusion. For example, the jury has to infer that a DNA sample found at the crime scene belongs to the defendant. Overwhelming circumstantial evidence

Overwhelming circumstantial evidence refers to when sufficient circumstantial evidence is presented to lead to an inference of a fact beyond a reasonable doubt. It would not be enough to give a conviction based on one piece of circumstantial evidence. However, if different pieces of such evidence exist, they can have enough weight to warrant a conviction. In a case of theft, for example, the defendant’s fingerprint at the scene would not on its own be sufficient evidence. However, pieced together with others like a sighting of the defendant at the scene and a large amount of money in his possession, then a conviction can be passed (Blum, 2019).