Direct Evidence

The most powerful type of evidence, direct evidence requires no inference. The evidence
alone is the proof. This could be the testimony of a witness who saw first-hand an incident
of sexual harassment in the workplace.

Documentary Evidence

Most commonly considered to be written forms of proof, such as letters or wills,

documentary evidence can also include other types of media, such as images, video or audio
recordings, etc.

Exculpatory Evidence

This type of evidence can exonerate a defendant in a usually criminal case. Prosecutors
and police are required to disclose to the defendant any exculpatory evidence they find or
risk having the case dismissed.

Forensic Evidence

Forensic Evidence is scientific evidence, such as DNA, trace evidence, fingerprints or

ballistics reports, and can provide proof to establish a persons guilt or innocence. Forensic
evidence is generally considered to be strong and reliable evidence and alongside helping to
convict criminals, its role in exonerating the innocent has been well documented. The term
forensic means for the courts. Its use in workplace investigations is generally limited to
serious cases that may end up in court.

Hearsay Evidence

Hearsay evidence consists of statements made by witnesses who are not present. While
hearsay evidence is not admissible in court, it can be relevant and valuable in a workplace
investigation where the burden of proof is less robust than in court.
 Physical Evidence

As would be expected, evidence that is in the form of a tangible object, such as a firearm,
fingerprints, rope purportedly used to strangle someone, or tire casts from a crime scene, is
considered to be physical evidence. Physical evidence is also known as real or material
evidence. It can be presented in court as an exhibit of a physical object, captured in still or
moving images, described in text, audio or video or referred to in documents.

Prima Facie Evidence

Meaning on its first appearance this is evidence presented before a trial that is enough to
prove something until it is successfully disproved or rebutted at trial. This is also called
presumptive evidence.

Statistical Evidence

Evidence that uses numbers (or statistics) to support a position is called statistical evidence.
This type of evidence is based on research or polls.

Testimonial Evidence
One of the most common forms of evidence, this is either spoken or written evidence given
by a witness under oath. It can be gathered in court, at a deposition or through an affidavit.

Demonstrative Evidence: This is a common form of proof, generally having the form of the
representation of an object. Examples include: photographs, videos, sound recordings, x-
rays, maps, drawings, graphs, charts, simulations, sculptures, and models, among others.

Digital Evidence: In recent years, the use of digital evidence in trials has greatly increased.
Simply put, it is any type of proof that can be obtained from an electronic source, such as
emails, hard drives, word processing documents, instant message logs, ATM transactions,
cell phone logs, and so forth.

Documentary Evidence: Similar to demonstrative evidence, above, documentary evidence

consists of any proof that can be presented in writing (contracts, wills, invoices, etc.).
However, term can technically include any number of media upon which such
documentation can be recorded and stored (photographs, recordings, films, printed emails,
etc.).

Exculpatory Evidence: Typically used in criminal cases, this type of evidence is that which
favors the defendant, either partially or totally removing their guilt in the case. In
the United States, if the prosecutor or police have found evidence, it is their duty to disclose
it to the defendant. Failure to do so can result in the case being dismissed.

Physical Evidence: Quite simply, this type of evidence is any proof introduced in the form
of a physical object, whether whole or in part. In criminal proceedings, such evidence
might consist of dried blood, fingerprints, a murder weapon, DNA samples, casts of
footprints or tires at the scene of the crime, and so forth.

Prima Facie Evidence: This is "evidence sufficient to establish a claim or defense until
rebutted by contrary evidence" (Blackwell, 2004). In Latin, it literally means "on its first
appearance", and such evidence is generally deemed sufficient to prove a particular
proposition or fact if it is not refuted by later evidence or argumentation.
Scientific Evidence: Evidence submitted to the court claiming to be scientific in nature
must first conform to generally-accepted principles of the scientific community. In
addition, judges must now insure that such evidence is also reliable (Bergman and Berman-
Barrett, 2005).

Testimony: This is the "spoken evidence given by a witness under oath in court or at a
deposition, or written evidence given under oath through an affidavit" (Blackwell, 2004).
Generally, a witness is called forth, solemnly swears to tell the truth under the penalty of
perjury. This is one of the most common forms of evidence in the legal system.

Definition of Evidence

In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and
sufficiency of what should be admitted into the record of a legal proceeding. Evidence --
crucial in both civil and criminal proceedings -- may include blood or hair samples, video
surveillance recordings, or witness testimony. The Federal Rules of Evidence (PDF) govern
the admissibility of evidence in federal trials, but state rules of evidence are largely
modeled after the federal rules.

If evidence is procured illegally, such as during an unlawful police search, then that
evidence (and any other evidence it leads to) may not be used at trial. Evidence that is
deemed irrelevant or prejudicial to a case also may be deemed inadmissible. Additionally,
evidence may be thrown out if the integrity of its handling ("chain of custody") is in doubt.

There are four general types of evidence:

Real evidence (tangible things, such as a weapon)

Demonstrative (a model of what likely happened at a given time and place)

Documentary (a letter, blog post, or other document)

Testimonial (witness testimony)

Terms to Know

Circumstantial Evidence: Evidence that tends to prove a factual matter by proving other
events or circumstances from which the occurrence of the matter can be reasonably
inferred.

Corroborating Evidence: Evidence that is independent of and different from but that
supplements and strengthens evidence already presented as proof of a factual matter.

Hearsay: A statement made out of court and not under oath which is offered as proof that
what is stated is true (usually deemed inadmissible).

Exclusionary Rule: A rule of evidence that excludes or suppresses evidence obtained in

violation of a defendant's constitutional rights.

Practice Area Notes

If you are a defendant in either a criminal or civil trial, your attorney may challenge and/or
try to suppress evidence presented by the other party. One of your attorney's most vital
tasks is to find evidence that best supports your case.

The main difference between the use of evidence in criminal and civil cases is the burden of
proof . For a guilty verdict in a criminal trial, the prosecution must prove guilt "beyond a
reasonable doubt." But for a civil defendant to be found liable, the plaintiff generally need
only prove culpability "by a preponderance of the evidence" (a lower threshold).

There are two basic factors that are considered when determining whether evidence is
admissible or not:

Relevant The evidence must prove or disprove an important fact in the criminal case. If
the evidence doesn't relate to a particular fact, it is considered "irreelvant" and is therefore
inadmissible.
Reliable Reliability refers to the credibility of a source that is being used as evidence.
This usually applies to witness testimony.

terms to Know

Charge - A formal allegation of criminal wrongdoing

Indictment - A formal charge authorized by a grand jury

Arraignment - A pretrial proceeding in which a person accused of committing a crime is

brought into court, informed of the charges, and asked to plead guilty or not guilty

Felony - A serious crime punishable by more than a year in prison

Misdemeanor - A crime with a punishment less severe than a felony; usually punishable by
less than a year in jail

Infraction - A minor offense or administrative violation usually punishable only by a fine

Reasonable doubt - A defendant can only be convicted if the jury believes the defendant is
guilty beyond a reasonable doubt; the highest burden of proof in our legal system

Plea bargain - The process by which a defendant and prosecutor negotiate a compromise;
the defendant typically pleads guilty to one or more offenses in exchange for a lighter
sentence or dismissal of other pending charges

Miranda rights - The rights that an arresting officer must advise a suspect of before the
suspect is questioned by police; Miranda rights consist of the right to remain silent, to have
an attorney present during any police questioning, and to have an attorney provided by the
state at no expense if the suspect can't afford one