Major Categories of Evidence in Criminal Cases

Introduction

Evidence refers to anything that can be presented in court. There are many types of evidence that can used in court to allow the judges to reach a conclusion. Examples of the categories of evidence in criminal cases include demonstrative evidence, physical evidence, digital evidence, documentary evidence, and exculpatory evidence among others ( Touroo & Fitch, 2018). The paper seeks to discuss the major categories of evidence in criminal cases, how they differ from one another, and their significance in the investigation.

Physical Evidence

Real or physical evidence refers to material evidence that is tangible. It involves objects used in court to prove or disprove the arguments in a trial. It proves facts on the basis of the characteristics of an object.

Examples of real evidence includes forensic evidence such as blood and DNA found at the scene, anyone else or a suspect found at the crime scene, firearm weapon or any other weapons found on the victim, photograph or a computer printout, a tape recording. These evidences are usually presented in court as pieces of real evidence (James, 2018).

Physical evidence plays a critical role in various criminal investigation. It is considered to be the most significant type of evidence in criminal cases. It is important in investigation because it provides tangible elements of the crime that helps to prove a fact on a case based on the physical characteristics of the objects. It can be used to link the offenders or victims to the scene of crime to prove that a crime was committed, how, when, by whom, and why (James, 2018). For instance, if a body was found in an apartment stabled with a knife in homicide cases, it would be concluded that the cause of death is a as a result of stable wounds and the knife would be presented as a real evidence. In further examination, the medical examiner may discover other cases of sexual assault and thus be able to obtain the offenders DNA from the victim. Also, the DNA can be obtained from the Knife to identify who the offender is.

Demonstrative Evidence

Demonstrative evidence refers to evidence that is not obtained from the crime scene itself but describes evidence using physical objects, videos, pictures, graphs, models, blow-ups of documents or sketches among other devices. They are intended to explain facts for the jury and judge such as the medical problems, actual damages, or how an accident occurred (Baier, Warnett, Payne & Williams, 2017).

Two methods of demonstrative evidence that can be used to clarify the issues surrounding actions or lack of actions at a crime scene for a judge or jury include still photographs and graphs. For instance photographs taken after an accident can illustrate the bruises sustained by the victim and can assist the jury to have comprehension of the injuries weeks, months, or even years after the incident occurred. It helps to keep the memory fresh and allows the jury to link the case to the visual images. Photographs are especially important in physical injury cases. Graphs and charts can be used to clearly illustrate a decrease in life expectancy, loss of earnings, and the past and future medical bills (Baier, Warnett, Payne & Williams, 2017).

Demonstrative evidence brings a strong impression upon triers. It can determine whether the evidence is relevant or irrelevant to the issue that will enable the jury or judge to make decisions on based on how they understand the facts presented. It is critical that the information is presented in a way that it enhances jury’s or judge’s understanding of the case. The graphs and charts would help the triers to better understand the evidence by determining how an incident took place or reconstruct it for the jury to understand. Photographs and graphs and charts should be presented in a clear and concise way so as to assist the jury to organize a complex set of events chronologically. Therefore, they are important in organizing evidence either in complex security litigation or in a criminal trial (Baier, Warnett, Payne & Williams, 2017).

Direct and Circumstantial Evidence

Direct evidence and circumstantial evidence are types of evidences that are used to determine the facts of a case in court. They are both used a means of proving a fact. However, direct and circumstantial evidence differ in some way. Direct evidence refers to a witness testimony involving an eyewitness providing actual knowledge of a fact. It disapproves or proves a fact directly. On the other hand, circumstantial evidence refers to evidence of circumstances and facts from which rational conclusions may be drawn. It does not prove facts directly but rather uses inference to link to the fact (Safer, Murphy & Wise et al., 2016).

The concept of overwhelming circumstantial evidence refers to the use of more than one piece of indirect evidence to prove a fact or draw a certain conclusion. It has been used by prosecutors to convict people in many situations. It creates a foundation of belief, and supported by the direct evidence and witness testimony, which provides it with credibility. As long as circumstantial evidence assist in creating a visual image of a crime or incident resulting in a jury or judge to make a valid conclusion, then it can be enough for a conviction (Safer, Murphy & Wise et al., 2016).

Conclusion

It is evident that evidence is a crucial aspect in proving a criminal case. The different types of evidence including physical evidence, demonstrative evidence, direct evidence, and circumstantial evidence have been used commonly as a means of proving a fact. They are able to provide adequate facts and details that can lead to a conviction. Therefore, these types of evidence plays a crucial role in a court of law.

References

Baier, W., Warnett, J. M., Payne, M., & Williams, M. A. (2017). Introducing 3d printed models as demonstrative evidence at criminal trials.  Journal of forensic sciences .

James, S. H. (2018). Defining the" Address" of Bloodstains and Other Evidence at the Crime Scene. In  Scientific and Legal Applications of Bloodstain Pattern Interpretation  (pp. 17-32). CRC Press.

Safer, M. A., Murphy, R. P., Wise, R. A., Bussey, L., Millett, C., & Holfeld, B. (2016). Educating jurors about eyewitness testimony in criminal cases with circumstantial and forensic evidence.  International journal of law and psychiatry ,  47 , 86-92.

Touroo, R., & Fitch, A. (2018). Crime Scene Findings and the Identification, Collection, and Preservation of Evidence. In  Veterinary Forensic Pathology, Volume 1  (pp. 9-25). Springer, Cham.