Keith Mack
Evidence is a crucial aspect of any legal proceeding, as it helps prove the facts in issue and determines the outcome of a case. Evidence can take various forms, such as documents, sound and video recordings, witness statements, oral testimony, DNA testing, and other tangible objects. In a court of law, evidence must adhere to specific rules and standards to be deemed admissible. These rules vary across jurisdictions, with federal courts in the US following the Federal Rules of Evidence, while state courts have their own regulations. For instance, evidence must be relevant to the case and not solely based on hearsay. The admissibility of evidence is crucial, as it ensures fairness in the trial process and allows for the best evidence to be presented. Understanding and navigating these rules are essential for building a strong case, whether for the prosecution or the defence.
| Characteristics | Values |
|---|---|
| What is evidence? | Any item or information that makes the existence of a fact more or less probable. |
| Forms of evidence | Testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects. |
| Admissibility of evidence | Evidence must be admissible under that jurisdiction's rules of evidence. |
| Relevancy of evidence | Evidence will only be admissible if it is relevant to the case and helps decide the issue(s) before the court. |
| Direct evidence | Evidence that supports a fact without an inference. |
| Circumstantial evidence | All evidence that is not direct evidence, such as eyewitness testimony. |
| Hearsay | Evidence that amounts to hearsay is generally not admitted. |
| Best evidence rule | The original documents or evidence must be provided, unless they are lost, destroyed, or otherwise unobtainable. |
| Digital evidence | Digital evidence, such as mobile phone records and CCTV footage, is increasingly being used in criminal cases. |
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What You'll Learn
Admissibility of evidence
In the US, federal courts follow the Federal Rules of Evidence (FRE), while state courts generally follow their own rules. Each state has developed its own rules of evidence that govern state court civil and criminal proceedings, and many states' rules closely follow the FRE. The FRE outlines that relevant evidence is admissible unless the Constitution, statute, or the rules make evidence inadmissible.
In Queensland, Australia, the rules of evidence are governed by the Evidence Act 1977. Here, evidence will only be admissible if it is relevant, meaning that its existence tends to indicate that one of the facts in issue is more or less likely.
In both the US and Australia, there are exclusionary rules that may prevent evidence, however relevant, from being admitted by a court. For example, a common rule of evidence that makes relevant evidence inadmissible is Rule 403, which excludes relevant evidence to avoid prejudice, confusion, or a waste of time.
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Types of evidence
Evidence is an important factor in court cases and often helps a jury decide the verdict. Evidence can take many forms, including documents, sound and video recordings, witness statements, and oral statements (testimony) made in court by witnesses. Evidence must be admissible under the relevant jurisdiction's rules of evidence to be presented in court.
Admissible Evidence
Judges decide whether evidence is admissible or not. Admissible evidence is any evidence that can be formally presented in front of a judge or jury. Evidence will be deemed admissible if it is relevant, and helps to decide the issue(s) before the court.
Inadmissible Evidence
Inadmissible evidence is any evidence that the judge decides cannot be presented to the jury. Evidence may be deemed inadmissible if it is not relevant, is hearsay, or does not meet the rules of evidence.
Real Evidence
Also known as physical evidence, this is a material object with a connection to the defendant's potential role in a crime. This includes unique items such as DNA, fingerprints, hair, fibres, soil, wood, and pollen.
Digital Evidence
This is evidence stored in binary form on computers, mobile phones, and other electronic devices. It includes text messages, emails, GPS data, and anything found on a computer hard drive, flash drive, or similar device.
Statistical Evidence
Statistical evidence refers to numerical data used to prove or disprove guilt in jury trials. Judges typically only allow certain statistics in court, such as those resulting from scientific research, while denying less reliable methods like polls.
Character Evidence
Character evidence demonstrates the moral standing of a person based on their reputation in their community. A character witness might, for example, testify about another person's positive or negative character traits.
Expert Witness Evidence
Expert witnesses are permitted to testify about matters within their field of expertise. For example, a forensic analyst might testify about the results of a DNA test, or a doctor about the analysis of a set of X-rays.
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Rules of evidence
Evidence is a crucial factor in court cases and often plays a significant role in determining the verdict. The Federal Rules of Evidence outline the guidelines for the introduction of evidence in criminal and civil trials in US federal trial courts. These rules, which were initially passed by Congress in 1975, are subject to annual amendments by the US Supreme Court.
The rules of evidence determine the admissibility of evidence at trials. Judges decide whether to admit evidence based on its relevance, authenticity, and value. Admissible evidence is factual, specific to the case, and its probative value outweighs other considerations such as potential bias or shock value. Evidence can take various forms, including testimony, documents, photographs, videos, voice recordings, DNA testing, and tangible objects.
For evidence to be deemed inadmissible, it may fall under several categories. Illegally obtained evidence, such as that acquired through unlawful search or seizure, is generally inadmissible. Hearsay, or statements made by individuals not testifying in court, is also typically excluded. Evidence that is irrelevant to the case or lacks probative value, meaning it does not help prove or disprove a fact, is usually inadmissible. Privileged communications, such as between a lawyer and their client or spouses, are also generally excluded.
The rules of evidence also allocate the burden of producing evidence and persuading the court among the parties involved. These rules vary between federal and state courts, with state courts following their own evidence codes or rules, such as those in California, Indiana, and Washington.
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Exclusionary rules
Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects. However, courts cannot admit all evidence. Evidence must be admissible under that jurisdiction's rules of evidence to be presented in court.
The exclusionary rule is a court-created remedy and deterrent, not an independent constitutional right. It is based on the Fourth Amendment, which declares a right to be free from unreasonable searches and seizures. The rule's purpose is to deter law enforcement officers from conducting searches or seizures in violation of the Fourth Amendment and to provide remedies to defendants whose rights have been infringed. For example, the exclusionary rule applies if evidence is obtained through an unlawful search or seizure and later obtained through a constitutionally valid search or seizure.
The exclusionary rule does not prevent the government from introducing illegally gathered evidence to "impeach," or attack the credibility of, defendants' testimony at trial. In such cases, the government may only use tainted evidence for impeachment and may not use it to show guilt.
Courts have carved out several exceptions to the exclusionary rule, such as the good-faith exception, where evidence is not excluded if it is obtained by officers who reasonably rely on a search warrant that is later found to be invalid. Another exception is the inevitable discovery doctrine, which allows the admission of evidence discovered in an unlawful search or seizure if it would have been discovered anyway by an independent line of investigation.
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Circumstantial evidence
Direct evidence, on the other hand, supports the truth of an assertion directly without the need for any additional evidence or inference. For example, a witness testifying that they saw a defendant fire a bullet into the body of a person who then died is direct evidence.
In criminal law, circumstantial evidence is used to establish guilt or innocence through reasoning. Most criminals try to avoid generating direct evidence, so the prosecution usually resorts to circumstantial evidence to prove the existence of intent. Examples of circumstantial evidence include fingerprint analysis, blood analysis, and DNA analysis of the evidence found at the scene of a crime. These types of evidence may strongly point to a certain conclusion when considered with other facts. However, if they are not directly witnessed when the crime was committed, they are still considered circumstantial.
In civil courts, circumstantial evidence is used to establish or refute liability. It is usually the most common form of evidence in product liability cases and road traffic accidents. For example, forensic analysis of skid marks can allow for a reconstruction of the accident. By measuring the length of such marks and using dynamic analysis of the car and road conditions, it may be found that a driver underestimated their speed.
Many successful criminal prosecutions rely largely or entirely on circumstantial evidence, and civil charges are frequently based on circumstantial or indirect evidence. Circumstantial evidence can be more reliable than direct evidence as it can come from multiple sources that check and reinforce each other. Eyewitness testimony can be inaccurate at times, and many persons have been convicted based on perjured or otherwise mistaken testimony. Thus, strong circumstantial evidence can provide a more reliable basis for a verdict.
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Frequently asked questions
Evidence can take many forms, including documents, sound and video recordings, witness statements, oral statements, DNA testing, photographs, and other tangible objects.
Evidence must be relevant to the case and abide by the jurisdiction’s rules of evidence to be admissible in court.
Examples of evidence used in criminal cases include CCTV footage, DNA samples, mobile phone data, business records, and witness testimonies.
A criminal defence team ensures that all relevant evidence is collected and considered, and that the right questions are asked of relevant witnesses. They also work to challenge evidence presented by the prosecution.
The best evidence rule states that the original documents, recordings, or photographs must be provided as evidence unless the originals are lost, destroyed, or unobtainable. In such cases, a valid reason must be given, and secondary evidence may be used.
