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Evidence Types and Admissibility
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Direct Evidence
Must be relevant, material, and have probative value not substantially outweighed by the potential for unfair prejudice.
Circumstantial Evidence
Needs to sufficiently support the proposition it's intended to prove, and must pass the same admissibility criteria as direct evidence.
Physical Evidence
Must be relevant and authenticated with a proper chain of custody maintained.
Documentary Evidence
Needs to be authentic, relevant and its authenticity must be proven unless it is self-authenticating.
Digital Evidence
Must be relevant, have been preserved without alteration, and the process for its extraction should be reliable and not prejudice the defendant's rights.
Testimonial Evidence
Witness must be competent, must have first-hand knowledge and the testimony should be based on what was personally observed or experienced.
Demonstrative Evidence
Must be relevant and aid the jury in understanding other evidence or facts in the case, without misleading them.
Forensic Evidence
It must be obtained and analyzed using scientifically valid methods, and the expert presenting it must be qualified.
Hearsay Evidence
Generally inadmissible unless it falls under one of the many exceptions to the hearsay rule provided by law.
Character Evidence
Generally not admissible to prove conduct; however, it may be admissible for other purposes such as credibility.
Habit Evidence
Admissible to prove that the conduct of a person on a particular occasion was in conformity with the habit or routine practice.
Expert Testimony
The expert must be qualified, the testimony must be based on sufficient facts or data and the product of reliable methods and principles.
Excited Utterance
The statement must relate to a startling event and have been made while the declarant was under the stress of excitement caused by the event.
Dying Declaration
The declarant must have believed death was imminent, and the statement pertains to the cause or circumstances of the presumed death.
Res Gestae
Statements must be spontaneously made as part of the events taking place and not the result of reflection or deliberation.
Admission by a Party-Opponent
The statement is admissible if it's offered against a party and was made by the party in an individual or representative capacity.
Co-conspirator's Statement
Admissible if made during and in furtherance of the conspiracy.
Public Records
Must be authenticated, cannot be used against a defendant in criminal cases unless certain criteria are met.
Ancient Documents
Must be at least 20 years old, free from obvious alterations, and found in a place where such a document is expected to be.
Learned Treatises
Can be used to the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert in direct examination.
Judicial Notice
Facts must be not subject to reasonable dispute either because they are common knowledge or capable of accurate and ready determination.
Presumptions
An inference that the law requires to be made from particular facts; can be rebuttable or conclusive.
Business Records
Must be made in the regular course of business, at or near the time of the event recorded, and by an individual with knowledge of the event.
Past Recollection Recorded
The record must be on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately.
Official Written Statements
Must be a written statement of fact made by a public official in their official capacity at or near the time of the event.
Authentication of Evidence
The proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Chain of Evidence
Must establish the unbroken chain of evidence from the time it was collected to the time it is presented in court.
Spousal Privilege
The conversation must have been made in private and not in the presence of or likely to be overheard by a third party.
Parole Evidence
Generally not admissible to contradict, modify, or vary the terms of a written, complete, and final contract.
Best Evidence Rule
The original document is required to prove the content of a writing, recording, or photograph, unless exceptions apply.
Statistical Evidence
Must be relevant, and the statistical method used to produce it must be scientifically valid and properly applied.
Opinion Evidence
Non-expert opinion must be rationally based on the perception of the witness and helpful to understanding the witness's testimony or determining a fact in issue.
Privileged Communications
The privilege must belong to a recognized category (e.g., attorney-client) and communication must have been made in confidence within the relationship.
Real Evidence
Must be relevant and authenticated by identification or a distinctive characteristic.
Evidentiary Foundations
Each item must be introduced with a foundation to establish that it is relevant, authentic and that any necessary predicates have been established.
Photographic Evidence
Must be a fair and accurate representation of what they purport to depict and have been taken by a someone who can testify to their authenticity.
Voice Identification Evidence
The voice must be identified by someone who has heard the speaker speak at any time.
Alibi Evidence
Must demonstrate that the defendant was not present at the time and place of the alleged offense.
Judicial Proceedings
The record must accurately reflect the proceedings and decisions of the court.
Experimental Evidence
Must be conducted under substantially similar conditions as the event at issue, relevant, and its probative value must outweigh any prejudice.
Earwitness Evidence
The witness must have been able to hear the sound in question, and the evidence should be relevant to the case.
Self-incrimination Evidence
Generally not admissible due to the Fifth Amendment right protecting individuals from being compelled to testify against themselves.
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