Evidence in court proceedings is information presented to the jury to determine whether a crime has been committed. Its primary purpose is to expose the truth of the case.
The importance of evidence in a criminal trial cannot be understated. It is often the cornerstone on which a case stands or falls, crucial to ensuring that justice is served. Without evidence, an individual’s innocence cannot be confirmed. So, both the prosecution and defense must gather enough evidence to support their arguments.
 Let’s discuss the types of evidence commonly used in criminal cases.
What is Evidence in Criminal Cases?
Evidence is the method used to prove a fact. It can be verbal testimony or a document or object. In most cases, Witnesses provide evidence by describing what they saw, heard, smelled, or touched in court (or, in some instances, smelt or felt).
Furthermore, they may introduce physical evidence – such as weapons, drugs, and fingerprints. The general aim of evidence is to provide proof of the issues that will be decided in court.
Direct Evidence
Direct evidence consists of information or facts that the witness has personally experienced or observed. It can be defined as evidence acquired through the senses, such as seeing, hearing, or touching, and can be considered witness knowledge of a crime. It should not be evidence-based on hearsay or overheard conversations.
Moreover, court proceedings require both the court and jury to be confident in making decisions based on the presented direct evidence. They should be able to make this decision without needing additional information. They should not be required to assume anything about the information before them. The jury’s sole role when hearing direct evidence is to decide whether or not they think the witness providing the information is telling the truth.
Witnesses can present either orally, through an oath and spoken testimony in court, or through a signed statement that accurately narrates their account of events.
Use a Criminal Defense Lawyer for Circumstantial Evidence
Circumstantial evidence describes a connection between a defendant and a crime rather than directly connecting them to the crime. These examples give background information or context to a crime but do not prove a defendant’s guilt. A criminal defense lawyer and other attorneys usually use circumstantial evidence when direct evidence is unavailable or to create a crime timeline.
Examples of circumstantial evidence include:
- An eyewitness report claiming that the defendant was near a crime at the time it happened
- Fingerprints collected at the crime scene from a place where the defendant would be present anyway, like their home or workplace
- According to a witness, before the crime occurred, the defendant threatened or talked about committing it.
Physical Evidence
In a criminal court case, physical evidence is also known as real evidence. This category encompasses any evidence the jury can observe or touch during the trial.
Examples of physical evidence include things like
- DNA evidence
- Blood samples
- Fingerprints
- Weapons used in the crime
- Video Footage
- Hairs
- Fibers
- Glass
- Paint
- Trace Evidence
This kind of evidence can include a variety of objects, which may be microscopic or quite large.
Documentary Evidence
Documentary evidence includes any written or recorded communication relevant to the case. This category consists of:
Official records: Police reports, arrest warrants, medical records, booking logs, phone records.
Correspondence: Letters, emails, text messages.
Business documents: Receipts, financial statements, contracts.
Government documents: Permits, licenses, registrations.
Documentary evidence provides a record that can support witness testimony or create a timeline of events. For example, a financial record showing a large cash deposit shortly after a robbery may incriminate the defendant.
