How many types of evidence are there

Real evidence is also known as physical evidence and includes fingerprints, bullet casings, a knife, DNA samples — things that a jury can see and touch. Real evidence usually proves or disproves facts in the case. To be admitted, real evidence must be relevant, material, and authentic. Lawyers must establish that the evidence belonged to the accused or was used in the crime. Demonstrative Evidence can help illustrate or demonstrate the testimony of a witness. It can include a map of the crime scene or charts or images and pictures of the location that a witness describes.

Documentary evidence is evidence introduced through documents instead of through oral witness accounts such as a diary entry, newspaper, or contract. With documentary evidence, it is essential to establish that the document is authentic and from a reliable source. Testimonial evidence is when a witness gets on the stand and says what they saw or heard under oath. This is also known as indirect evidence.

Hearsay is generally not admissible in court unless proven to a judge that the information is necessary and reliable. Prejudicial evidence is when there is a significant risk of misuse of the information by the jury, or the evidence is too misleading, confusing or distracting.

Lawyers usually use character evidence to prove a defendant's motive. Law teams use habit evidence to highlight that a defendant's consistent actions during specific circumstances. For example, a lawyer may argue that their client accused of assaulting a victim at a college library at 3 p.

Therefore, the defendant couldn't have assaulted the victim. Unlike presumptive evidence, which considers a defendant's unfavorable behavior in the past, habit evidence is admissible in court.

Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.

However, some jurisdictions allow it under certain circumstances. Examples of hearsay that a judge may permit include admissions made by a witness that don't benefit them or statements people make shortly before their expected death. Forensic evidence, or scientific evidence, is an incredibly helpful form of evidence in a jury trial. It often introduces indisputable facts that investigators and forensic professionals prove using scientific methods.

Forensic evidence primarily refers to genetic information, such as DNA and fingerprints. It also may include evidence proven by physics and other forms of science, such as ballistics. Its reliability makes it an important factor in whether juries decide to convict or exonerate a defendant in criminal cases.

Related: What Is Forensic Science? Trace evidence includes tiny pieces of physical matter that transfer onto a surface when someone commits a crime. Examples of this may include:. Trace evidence can help investigators thoroughly examine a crime scene and develop connections to suspects. It's typically admissible in court, so legal teams often present it to juries to help them understand certain events that occurred. Expert witness evidence is similar to eyewitness testimony because it involves an individual's verbal statements provided under oath.

Instead of asking questions to someone who witnessed a crime, lawyers recruit experts in their field to answer questions related to a particular case. For example, a doctor may serve as an expert witness in a murder case because they can confirm facts or disprove theories about how a victim's injuries occurred.

Exculpatory evidence is any evidence that might exonerate the defendant. Defense teams often present exculpatory evidence to juries to introduce reasonable doubt or to justify or excuse a defendant's actions.

The Brady Rule, first introduced in , establishes that prosecutors have a responsibility by law to disclose any exculpatory evidence they find to the jury.

Digital evidence is evidence stored in binary form on computers, mobile phones and other types of electronic devices. This type of evidence has become increasingly more common as technology advances, and attorneys often use it in court. Common forms of digital evidence include text messages, emails and GPS data.

Lawyers use corroborating evidence to confirm or authenticate other types of evidence presented in court. In most cases, it adds credibility to witness testimony. Types of corroborating evidence include medical records, court documents, signed affidavits or written statements sworn under oath. Insufficient evidence is a lack of evidence that can result in the dismissal of a case. When law enforcement professionals arrest a suspect and charge them with a crime, the prosecution team carries the burden of proof.

Hair and fiber evidence should be picked up with gloved fingers or tongs and then wrapped in folded paper and then placed into a coin envelope. It should be labeled as usual. Also as usual, samples from different sites, even if they look the same, should be collected and stored separately. Hairs and fibers that are combined with blood or other fluids should be collected and preserved intact whenever possible.

Use the previously discussed protocols for fluids as the correct procedure to follow as hair and fibers do not suffer from decay unless allowed to mildew or mold from exposure to wet. Object evidence like bullets, shoes, guns, knives etc.

Again, if biological evidence is on the object then those protocols take precedence but a bullet or spent cartridge at a crime scene can simply be collected. Each piece of evidence requires its own container and label. Tool Marks, Footprints and Tire Tracks fall under the category of Impression evidence; that is evidence left behind as an impression in a softer material. Collection and preservation of these types of evidence requires special techniques not used for other types of evidence.

Because the impressions in soft materials like dirt or sand can easily be disturbed and thereby lost, the upmost care must be taken not to walk on or around the area of the impression without extreme care. Preservation of tire and footprints can be made by casting the impression using specially formulated gels or plasters. Tool marks can also be cast but this requires a high level of expertise since these marks are often on vertical surfaces and can be damaged or lost in the process if not done properly.

Whenever possible tool marks should be collected by cutting them out of the surface in which they are located or by simply collecting the object they are found on. Again we use the process of wrapping the evidence in paper and bagging or boxing it so that it cannot be lost or damaged in transport.

The location of a tire or footprint should be thoroughly photographed before attempting to cast it. This establishes both the location of the print and also provides a backup of what the impression looked like if the cast is not successful. Once dry, the cast should be wrapped in protective material such as cotton or bubble-wrap and then bagged or boxed to keep it safe and whole. As you saw on the original listing there are many other types of evidence and we may revisit the process for collecting and preserving them as the need arises but for now, I think that you are starting to see the similarities in the processes used regardless of the type of evidence being collected.

Common sense in collection of evidence should always be used. Real evidence can include the weapon used in a crime, for example, or a piece of jewelry that is the subject of a lawsuit. Real evidence ultimately is anything that can convey to the trier of fact the judge or jury a first-hand sense impression of certain facts in a case.

For example, in a murder-for-hire trial, a witness identifies the defendant as the one who shot the victim. The prosecution introduces the gun used in the crime, photographs of the crime scene, and a contract calling for a murder in exchange for money that has been signed by the defendant. In this example, all three types of evidence exist: the witness is testimonial evidence; the gun is real evidence; and the contract is documentary evidence.

Question: My son served on a jury last week. I always wanted to, but never got called for jury duty. My son said that the judge told the jury that certain pieces of evidence were allowed to be considered by the jurors for only a certain purpose. Why would evidence only be allowed for a certain purpose?

Your question really gets to the purposes for which certain evidence can be considered. All evidence is governed by the rules of evidence admissibility.