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Evidence Types in Criminal Law
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Digital Evidence
Information and data of probative value that are stored or transmitted in binary form. Often involves electronic transaction records, emails, texts, and digital photographs.
Presumptive Evidence
Evidence that is accepted as true and shifts the burden of proof to the opposing party to prove otherwise, usually as outlined by law or common practice.
Judicial Notice
A legal doctrine allowing certain facts to be accepted as true without formal presentation of evidence because they are commonly known or are easily verifiable.
Authentication of Evidence
The process by which the proponent of evidence proves that the evidence is what it claims to be. It often involves chain of custody documentation or witness testimony.
Physical Evidence
Tangible items that tend to prove some material fact; also known as real evidence. It includes things like weapons, clothing, fingerprints, and DNA.
Prima Facie Evidence
Evidence that is sufficient to prove a fact unless contradicted and overcome by other evidence. It establishes a legally required rebuttable presumption.
Expert Witness Testimony
Testimony from individuals with specialized skill sets or knowledge relevant to the case, presented to assist the fact-finder in understanding complex issues.
Hearsay Evidence
A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. It is typically inadmissible due to the lack of cross-examination.
Privileged Communication
A private statement protected by law from being disclosed in court, such as communications between spouses, attorneys and their clients, or doctors and their patients.
Character Evidence
Evidence used to show that a person acted in a particular way because of that person's character. This type of evidence is often restricted in criminal cases.
Exculpatory Evidence
Evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the responsibility of the prosecution to disclose this type of evidence.
Circumstantial Evidence
Evidence that requires a judge or jury to make inferences to determine a fact. It is indirect evidence from which facts are inferred.
Opinion Evidence
Evidence based on what the witness thinks, believes, or infers in regard to facts in dispute, as opposed to direct knowledge of the facts themselves.
Admission by a Party-Opponent
A statement made by a party to a lawsuit, used as evidence against that party. Commonly referred to as an admission.
Documentary Evidence
Evidence in the form of documents. This can include written records, emails, contracts, wills, and other written instruments.
Chain of Custody
A process that ensures that evidence has been handled in a meticulously documented manner, which helps prevent questions about its authenticity and integrity.
Testimonial Evidence
Evidence presented orally by witnesses during trials or before grand juries. It is often subject to the rules of evidence to test reliability.
Dying Declaration
A statement made by a person who believes they are about to die, concerning the cause or circumstances of what they believe to be their impending death. It is an exception to the hearsay rule.
Best Evidence Rule
A legal principle that requires the original document or a reliable duplicate to prove the content of a document unless a genuine question is raised about the document's authenticity or the document is lost or destroyed.
Direct Evidence
Evidence that directly proves a fact, without the need for any inference or presumption. It is often provided by witnesses who testify to what they directly observed.
Forensic Evidence
Evidence obtained through scientific techniques used during the investigation of crimes. Examples include DNA analysis, fingerprinting, and ballistics.
Demonstrative Evidence
Evidence in the form of physical demonstrations or visual aids used at trial to clarify factual matters for the jury. Examples include maps, videos, and diagrams.
Spontaneous Statement
A statement regarding an event or condition made while the declarant was under the stress of excitement caused by the event or condition. It falls under an exception to the hearsay rule.
Inculpatory Evidence
Evidence that suggests the defendant's guilt in a criminal trial. It can include anything from a confession to DNA that places the defendant at a crime scene.
Anecdotal Evidence
Informal evidence based on personal testimony or singular examples rather than data or research. It is often considered unreliable in court.
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