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Real and Demonstrative Evidence
Real and Demonstrative Evidence
https://criminal.findlaw.com/criminal-procedure/real-and-demonstrative-evidence.html
Evidence establishes facts. For instance, the evidence of a bloody fingerprint would
help to establish the fact that a certain person was at the scene of the victim's
murder. Real and demonstrative evidence are two important forms of evidence, but
they can be only used at trial if they're admissible and relevant.
Evidence is used at trials to prove or disprove certain facts that would tend to show
whether something was true or not. There are four types evidence by which facts can
be proven or disproven at trial which include:
1. Real evidence;
2. Demonstrative evidence;
3. Documentary evidence; and
4. Testimonial evidence.
Not all of these types of evidence carry the same weight at trial. For instance, real
evidence may be more believable than demonstrative evidence. It's the jury's role to
weigh each type of evidence and make a determination as to the believability of the
evidence presented.
Real Evidence
Real evidence, often called physical evidence, consists of material items involved in a
case, objects and things the jury can physically hold and inspect. Examples of real
evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical
objects.
Demonstrative Evidence
Demonstrative evidence, usually charts and diagrams, demonstrate or illustrate
the testimony of a witness. It's admissible when it fairly and accurately reflects the
witness's testimony and is more probative than prejudicial. Maps, diagrams of a
crime scene, charts and graphs that illustrate physical or financial injury to a
plaintiff are examples of demonstrative evidence. Witnesses create and use
demonstrative evidence at trial, and opposing counsel may use the same evidence to
prove contrary positions.
Documentary Evidence
Testimonial Evidence
When a person gets up on the stand at trial and relates something that they saw or
heard, that is testimonial evidence. It is simply a witness giving testimony under oath
about the facts of the case.
Admissibility of Evidence
Evidence cannot be used at trial unless it's admissible. The admissibility of evidence
depends on more than authenticity and materiality. In addition, the probative value
of the evidence (it's ability to prove or disprove facts) must not be outweighed by the
sheer shock value, or prejudicial value, of the evidence.
The difficult admissibility questions arise when the probative value is low, the
prejudicial value is high, but the law requires the People (or the plaintiff) to use the
evidence to prove an element of a charge.
For example, if a defendant in a criminal case takes the witness stand to testify in his
own defense, Federal Rule of Evidence 609 allows the government to impeach the
defendant's testimony with evidence of prior bad acts. These bad acts may include
prior convictions, including convictions for crimes just like the one the defendant is
currently be on trial for. After hearing about these bad acts, juries may no longer be
able to keep an open mind.
Gathering real evidence and collecting testimonial evidence is never easy, but it often
depends on a good defense attorney to gather the right investigators and to lay the
proper foundation at trial. If you're being investigated for a crime and may be headed
to trial, it's in your best interest to consult with a criminal defense attorney in your
area.