Evidence Law 101 – How Does Evidence Work in Court?

Admissible evidence refers to a type of evidence that lawyers are allowed to formally present in court. Before the trial, the judge is responsible for deciding if the specific evidence should be included or not. Hence, judges will assess its admissibility by considering whether it is relevant, authentic, and valuable.

In general, any evidence that is officially presented before a judge or jury is considered admissible evidence. Furthermore, evidence is deemed admissible when it is factual, relevant to a particular case, and holds greater importance than factors like bias or shock value.

Inadmissible evidence refers to the type of evidence that lawyers are not allowed to present in a jury trial. Such evidence includes anything that is irrelevant to the case, improperly obtained, or constitutes hearsay. For instance, investigators use polygraph tests to check if someone is telling the truth about a case. However, these results are often not allowed as evidence because they rely on measuring a person's anxiety. If someone is anxious for other reasons or stays calm under pressure, the test can give unreliable results.

Hearsay evidence refers to an out-of-court statement that is generally not allowed in court because there is no chance that the other party can cross-examine the person who provided the information. For example, if a witness states that they heard someone else say that something happened, then this is hearsay evidence. Thus, it cannot be used as evidence in a court of law. This is to protect the accused from being convicted on someone else’s words alone.

According to the hearsay rule, judges exclude hearsay evidence from being presented in court, unless it was made under oath or if other witnesses can testify to it. The rule basically aims to ensure the reliability of the evidence by requiring witnesses to testify based on personal knowledge rather than relying on hearsay.

Direct evidence is evidence presented in court by a witness who actually saw or heard a crime. This type of evidence basically comes directly from the witness rather than through hearsay. Among other types of evidence, direct evidence generally carries more weight as it does not rely on assumptions or interpretations.

Some common examples of direct evidence include:

• a sworn statement by the defendant acknowledging that he is guilty of committing the crime
• fingerprints of the defendant on a weapon used in the crime
• a video recording or surveillance footage showing the defendant in the act of committing a crime

Circumstantial evidence is a type of indirect evidence that implies a fact but does not directly prove it. While it does not prove that a defendant is guilty beyond a reasonable doubt, such evidence can be used to provide context to a crime. In other words, circumstantial evidence is used by lawyers when there is no direct evidence presented to create a criminal investigation timeline.

Some common examples of circumstantial evidence include:

• fingerprints found at the crime scene originating from a place where the defendant would normally be found, like their residence or workplace.
• witnesses who saw a defendant attempting to escape a crime scene
• a witness claiming that the defendant made threats or discussed the crime before it happened.

Statistical evidence is a type of evidence that uses numerical data to establish or refute guilt in jury trials. Legal teams often allow scientific evidence to be introduced in court as long as they are based on scientific research. Otherwise, they may reject less reliable methods such as polls.

Statistics in legal cases often show possibilities or correlations so that each juror may interpret the connection between a statistic and a crime differently.

Real evidence, also commonly known as physical evidence is a material object that is linked to the defendant's potential involvement in a criminal case. Real evidence or physical evidence basically has two types. Individual physical evidence consists of items that are distinctive to an individual, such as their DNA or fingerprints. Class physical evidence pertains to a specific segment of the population, which can aid experts in narrowing down a list of suspects. Such evidence includes blood type, tire tread, and details about weapon manufacturers.

Prima facie evidence, also commonly referred to as presumptive evidence, refers to evidence that, on its face, is sufficient to establish a fact or a case unless it is contradicted or disproved. Prima facie evidence is often used in legal proceedings to indicate that there is enough initial evidence to support a particular claim or argument.

Prima facie evidence, also known as presumptive evidence, involves using other gathered evidence from a crime scene to form a reasonable presumption. For instance, if a prosecutor asserts that a person is deceased due to the defendant's purported actions, the defense teams could counter this prima facie evidence by introducing doubt regarding the relationship between the victim and the crime.

Impression evidence pertains to marks imprinted on materials discovered at a crime scene, which can potentially connect a defendant to the crime. Since this type of evidence is susceptible to deterioration or can be removed easily, forensic experts treat them cautiously. If such evidence is found relevant or is capable of impacting a case's outcome, lawyers might introduce impression evidence to a jury.

Some common examples of impression evidence include:

• footprints
• tire tread or tire tracks near the crime scene
• holes or fractures in walls resulting from the impact of a blunt object.

Testimonial evidence refers to the information that is provided by a witness who answers questions from one or both legal teams while under oath. Both the prosecution and defence attorneys call forth witnesses, who commonly respond to inquiries from both sides. The direct examination takes place when witnesses answer questions from the attorney who called them. Cross-examination takes place when they respond to questions from the opposing legal team. Generally speaking, testimonial evidence is given when a witness is summoned to testify before a judge and jury while under oath.

Character evidence refers to the information that aims to present the defendant in either a favourable or unfavourable light. One common form of character evidence is testimony from a witness who is familiar with and can attest to the defendant's conduct and behaviour. Attorneys often use character evidence to establish the defendant's motive in a case.

Habit evidence refers to evidence that highlights a defendant's consistent reaction and pattern towards a particular situation. In other words, this evidence is used to prove how the defendant would probably behave or act in a similar scenario.

For instance, one party may present evidence that the defendant had been attending a local club every weekend for the past two years. Habit evidence now demonstrates that the defendant has behaved in a certain manner on previous occasions, so it is likely that they would do so again in similar situations.

Forensic evidence, also commonly referred to as scientific evidence plays a vital role in criminal justice proceedings as it often provides a way to link suspects to crime scenes, victims, and other evidence.

This type of evidence can include fingerprints, DNA testing, toxicology tests, ballistics, and other medical examinations, all of which can help establish a connection between individuals and certain criminal cases. In a jury trial, forensic evidence is used to present indisputable facts that investigators and forensic professionals establish through scientific methods.

Among other types of evidence, forensic evidence frequently proves to be one of the most beneficial forms of evidence in criminal trials.

Trace evidence involves the collection of microscopic evidence that is left at the crime scene, helping investigators conclude certain events that led to the criminal case. Since this type of evidence is usually not visible to the eye, a laboratory setting is required in order to properly analyse, interpret, and use them for legal purposes.

Some common examples of trace evidence include:

• gunshot residue
• hair
• fibres
• soil
• roots
• wood

Expert witness evidence refers to evidence that is presented in court by a witness who has specialised knowledge or experience. This type of evidence can be used to explain and interpret other types of evidence, such as eyewitness accounts or trace evidence.

Expert witnesses are allowed to testify in a court case regarded that it involves their area of expertise. For instance, a forensic data analyst may testify about the findings of a DNA test or fingerprint results. In a particular case, lawyers typically engage expert professionals to address case-specific questions instead of solely relying on witness testimonies.

Exculpatory evidence is any evidence that can absolve, vindicate, or excuse a defendant from criminal liability. This evidence is often presented by defense teams to raise reasonable doubt or to provide justification or explanation for a defendant's intentions or actions.

Exculpatory evidence is most commonly used to show that a defendant is innocent or not guilty. When prosecutors intentionally withhold evidence that could potentially clear the defendant, it's deemed a violation of the Brady Rule.

Some common examples of exculpatory evidence include:

• alibi testimony
• a witness testimony that states the defendant was not in the crime scene
• physical evidence or proof that shows the defendant is away when the crime took place

Digital evidence refers to a type of evidence that is stored in binary form or on electronic devices such as computers or mobile phones. Due to technological advances, this type of evidence has gained popularity and is frequently used by attorneys in legal proceedings.

Common examples of digital evidence include:

• text messages
• emails
• GPS data

Corroborating evidence is basically used by lawyers to support other types of evidence such as medical records, court documents, and other signed affidavits given under oath. The objective of corroborating evidence is to strengthen or confirm the validity of a claim, statement, or testimony. Significantly, corroborating evidence can play a crucial role in establishing the credibility and truthfulness of a particular claim or allegation.

From the term itself, insufficient evidence means a lack of evidence. As a result, this may cause the case to be dismissed. Upon apprehending a suspect and filing criminal charges, the burden of proof rests with the prosecution team. This means that they now have the responsibility to prove their allegations beyond a reasonable doubt. Otherwise, failing to meet the burden of proof is regarded as inadequate evidence. In such instances, a judge might even dismiss a case even before the defence presents its argument.

Oral evidence includes a witness to an event or an expert on an area of knowledge presenting evidence orally from the witness box. This is the default way that evidence is given in many cases. In other types of cases, a witness or expert may give oral evidence in written form, through a statement or affidavit.

To ensure that a witness or expert you rely on actually attends a court hearing to provide oral evidence, it may be wise to issue a subpoena to that person to attend to give evidence. A subpoena is a court order that requires an individual to attend court at a particular time or date, often to provide evidence during the trial.

If the person fails to attend court, a warrant to police to arrest that person can be issued.

Documentary evidence could take many forms—documents, photographs, medical records, video footage, and other records that can be used to back up claims. These are tendered in Court and marked by the judge or magistrate as an exhibit, which can then be shown to a witness or referred to in Counsel's submissions.

One way of gathering documentary evidence may be to issue a subpoena to produce to certain people, companies, or organisations that may have evidence relevant to your case. This type of subpoena is a court order that compels the person or organisation to produce the records you have requested.

Documentary evidence can be crucial in securing a conviction. It is important that the evidence is authentic, up-to-date, and relevant to the case. For this reason, it is wise to seek legal advice before collecting or presenting any documentary evidence.