Evidence


Evidence as Proof

Beyond a reasonable doubt. This does mean there can be no dought whatsoever, it means that guilt must be proved beyond a “reasonable doubt”, beyond that standard of doubt that would make a reasonable person hesitate.

A preponderance of evidence. This is the lowest level of proof of guilt. It relies on jurors concluding that evidence points more toward one direction than another, or that the defendant is more likely guilty than not guilty or vice versa.

Clear and convincing evidence. The level of proof required is somewhere between the other two. It must be proved that evidence points substantially more in one direction than the other

Types of Evidence

Testimonial evidence (verbal or written) can be interviews, statements, confessions , and depositions.

Documentary evidence is anything in the form of documents that is presented in order to examine its contents. It can be records ( hand written, printed, on film, microfiche, etc) such as contracts, wills and testaments, letters, bills, invoices, and emails, texts, instant messages. It is the subject to authentication, usually by testimony. Documents presented for a different purpose, such as proving that they are real evidence, but they may be documentary as well.

Real evidence is anything whose materiality and relevance are obvious, and which is directly involved in this specific situation. Also called physical evidence, it can be a firearm or any weapon, a wrecked vehicle, a blood stain, or forensic and trace evidence such as fibers, DNA and hairs.

Demonstrative evidence is anything that is representation of an object. It can be photos, audio and video recordings, , x-rays ,illustrations, maps, computer data, animation, and more.

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