CJUS/1402B-02 Types Of Legal Evidence
CJUS440-1402B-02: The Laws of Evidence
Types of Legal Evidence
Evidence can be as diverse as people; however, when looking to collect any type of evidence, it will typically be separated into one of two categories: real evidence or testimonial. Real evidence is considered to be tangible, such as, it will be anything that the five senses can perceive (Worral, Hemmens, & Nored, 2012, p. 71). Articles of clothing, weapons, contracts or legal documentation, and photographs are all examples of tangible / real evidence. Additionally, within this same category of real evidence, “demonstrative” evidence will also be included. This type of evidence would be anything that can actually demonstrate the crime and/or scene. For example, a technician …show more content…
Testimonials can come in different forms. Frequently, law enforcement will take statements from individuals who they believe may have information due to what they have seen or heard; however, the importance of testimonials in not necessary in the statement, but how, when, and by whom the information is obtained. It is of extreme importance that any witness that provides testimony is able to provide that same information under oath, without having an individual bear witness under oath, the prosecutor runs the risk of the statement being inadmissible (Worral, Hemmens, & Nored, 2012, p. 71). Examples of testimonials’ that are admissible would be affidavits and depositions, or testifying in a …show more content…
Most people, when not involved in a criminal case, are under the assumption and believe that our civil rights are protected by the U.S. Constitution, specifically the Fifth Amendment, which states an individual cannot be charged twice for the same crime; known as the “double jeopardy” rule. Although this is accurate, what many individuals do not understand is that this will only apply if a defendant has been either convicted or acquitted of a crime. For example, if a defendant is acquitted of a murder, the state is able to charge him with the same crime, and then continually go to trial until a conviction is made. However, if the defendant goes to trial and the trial ends in either a mistrial or hung jury, the state will often charge the defendant again (Balko,
Types of Legal Evidence
Evidence can be as diverse as people; however, when looking to collect any type of evidence, it will typically be separated into one of two categories: real evidence or testimonial. Real evidence is considered to be tangible, such as, it will be anything that the five senses can perceive (Worral, Hemmens, & Nored, 2012, p. 71). Articles of clothing, weapons, contracts or legal documentation, and photographs are all examples of tangible / real evidence. Additionally, within this same category of real evidence, “demonstrative” evidence will also be included. This type of evidence would be anything that can actually demonstrate the crime and/or scene. For example, a technician …show more content…
Testimonials can come in different forms. Frequently, law enforcement will take statements from individuals who they believe may have information due to what they have seen or heard; however, the importance of testimonials in not necessary in the statement, but how, when, and by whom the information is obtained. It is of extreme importance that any witness that provides testimony is able to provide that same information under oath, without having an individual bear witness under oath, the prosecutor runs the risk of the statement being inadmissible (Worral, Hemmens, & Nored, 2012, p. 71). Examples of testimonials’ that are admissible would be affidavits and depositions, or testifying in a …show more content…
Most people, when not involved in a criminal case, are under the assumption and believe that our civil rights are protected by the U.S. Constitution, specifically the Fifth Amendment, which states an individual cannot be charged twice for the same crime; known as the “double jeopardy” rule. Although this is accurate, what many individuals do not understand is that this will only apply if a defendant has been either convicted or acquitted of a crime. For example, if a defendant is acquitted of a murder, the state is able to charge him with the same crime, and then continually go to trial until a conviction is made. However, if the defendant goes to trial and the trial ends in either a mistrial or hung jury, the state will often charge the defendant again (Balko,