Suggested readings on evidence law treatises, hornbooks, and other scholarly materials are plentiful and signify the centrality of evidence analysis in the justice system. The phrase fruits of a poisonous tree is an angloamerican common law principle. In accordance with common law it is within the power of, and is the duty of, constables to retain for use in court things which may be evidence of crime, and. Relevance and admissibility relevance is the fundamental condition of admissibility of evidence. Police questioning, a major discussion paper jointly under the evidence and criminal procedure references. For example, a correlational analysis might compare a small group that used a technology versus students in the school district as a whole. Investigators find and use many types of evidence in their investigations. In the criminal law context, direct evidence refers to direct proof of a fact. Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Definition evidence is the body of law that covers the burden of proof, admissibility. This type of evidence is based on factors that address whether a strategy is useful, feasible to implement, and accepted by a particular community. Defining due process protection anne bowen poulin 1 abstract the corrupting impact of false testimony on the justice system is profound and corrosive. Ilj to determine the role and impact of forensic evidence in the investigation of crimes and prosecution of defendants.
Evidence the word evidence has been derived from the latin word evidence which implies to show distinctly, to make clear to view or sight, to discover clearly, to make plainly certain, to certain, to ascertain, to prove. Public law 935951 approved january 2, 1975, 88 stat. The corpus juris or body of laws is generally divided into two types of laws substantive laws and adjective laws. The law therefore has to be satisfied by degrees of probability of accurate truth finding. Real evidence is defined as a thing, of any kind, that was. There are different types of evidences under the indian evidence act, 1872.
The federal rules of evidence pdf govern the admissibility of evidence in federal trials. Understanding evidence law and types of evidence universalclass. The term evidence can, secondly, refer to a proposition of fact that is established by evidence in the first sense. Let me explain what constitutes direct and circumstantial evidence and how they differ. For the student to acquire a deeper knowledge of certain aspects of the law of evidence not dealt with in law of evidence a. While the best available research evidence is important and the focus of this document, it is not the only standard of evidence that is essential in violence prevention work.
This report was developed by the technical working group for the investigation of high technology crimes and is intended to be a resource for individuals responsible for investigations involving the internet and other computer networks. Here the focus is on how the court weighs the evidence in reaching the verdict. Circumstantial evidenceentire case 1 there are two. The first type, demonstrative, is evidence that demonstrated the testimony given by a witness. Law of evidence b 2018 page 1 of 9 law of evidence b. Principles for reform nzlc pp, 1991 at 38, and see further chapter one at 1. Judicial evidence is a species of the genus evidence and is for the most part nothing more than natural evidence, modified by rule of positive law. 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. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. Real evidence is defined as a thing, of any kind, that was present or used in the case being presented in court.
The doctrine of estoppel under indian evidence act. Section 1 of public law 941 approved october 16, 1975, 89 stat. Oral evidences are those evidences which are personally seen or heard by the witness giving them. Chapter 1, overview of evidence law, is reproduced. 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.
Evidence plays a crucial role in the investigation. The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. The law of evidence governs what can be presented in court. Ilj to determine the role and impact of forensic evidence in. In this case, the people conten d that there is circumstantial evidence of the defendants guilt. The idea of free proof rejected those strict categories from canon law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Types of evidence in persuasiveargument papers support your position or thesis with evidence. Literature suggests that two other forms of evidence are also very important when making decisions based on evidence. The nature of evidence justice practitioners and evidence law suggested readings on evidence law sources of evidence law the content and quality of good evidence types and forms of evidence the weight of evidence burdens of proof summary introduction. While some of these may not be admissible in court, they can all be valuable to someone investigating workplace misconduct or another noncriminal incident. Introduction and summary of principal recommendations 1 the background to this project 1. Evidence includes everything that is used to determine or demonstrate the truth of an assertion.
Pdf law of evidence in kenya godfrey aira academia. Factfinding is the task of the jury or, for certain types of cases and in. It presupposes that the student has already passed law of evidence a. This lesson discusses the basic definition of direct evidence, as well as the laws governing this type of evidence. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters 90 f.
Nov 14, 2017 relevancyfunctions of law of evidence. The nature of evidence most evidentiary experiences are only partially theoretical, normally being planted. About the law of evidence by the previous chief examiner. Oral evidence or testimony is evidence given by witnesses.
Without proof there can be no case in a court of law and without evidence there can be no proof. That the accused was at or about the scene of the crime at the relevant time is evidence in the second sense of his possible involvement in the crime. Research information used for evidence based policing involves research conducted. Giving or procuring evidence is the process of using those things that are either a presumed to be true, or b which were proved by evidence, to demonstrate an assertions truth. Hearsay and related topics contents paragraph page part i. In criminal law, evidence is used to prove a defendants guilt beyond a reasonable doubt civil law.
In a broad sense, evidence refers to anything that is used to demonstrate or determine the truth of a legal matter. What physical evidence can and cannot prove in court. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. All types of legal procedure look to the law of evidence to govern which facts they may receive, and how. Teper v r 1952 ac 480, 486, cited with approval by lord oliver of aylmerton in kearley. Of also presents also study the common law and civil law approaches to evidence law with the various types of evidences. Types of evidence at law there are at least four kinds of evidence.
Some inquisitorial systems also had constraints on the use of. Circumstantial evidenceentire case 1 there are two types of evidence. In contrast, certain types of documents such as public records are self authenticating. These are those evidences which are expected by the law and admissible and permissible at the first place. This type of evidence is based on research or polls. Medieval understandings of evidence in the age of trial by ordeal would be quite alien to modern sensibilities ho 20032004 and there is no approach to evidence and proof that is shared by all legal systems of the world today. The following section includes a number of types of evidence and terminology related to evidence that one should know in order to have a more complete understanding of the subject of evidence law. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of indigenous law. This is typically done using diagrams, maps, animations and other similar methods. Evidence based policing is disadvantageous because it tends to consume more time on the part of the law enforcers.
The legal concept of evidence stanford encyclopedia of. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the faculty of law of the university of the western cape. The law of evidence lays down the rules which govern. These are those evidences which in any possible condition gives the vital hint in a.
Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. We will discuss the principles related to the use of evidence in a trial and the types of evidence that can be presented. These are mentioned below 1 oral evidence section 60 of the indian evidence act explains oral evidence. Relevant evidence is prima facie admissible, on the basis that its admission will tend to promote the aims. Forinstance,brokenplasticpartsorabroken fingernailthatcanbematchedbyfracturemarkscandemonstratethattwo pieceswereonceapartofthesameitem. The law of criminal evidence governs how parties, judges, and juries offer and then evaluate the various forms of proof at trial. The legal concept of evidence stanford encyclopedia of philosophy.
The law of evidence overlaps with other branches of procedural and substantive law. Correlational evidence is often misinterpreted and used to demonstrate success. Aug 09, 20 ncssm forensics instructor amy garrett talks about the major categories of forensic evidence and the types of evidence fall into these categories. The following are different ways to support your argument. Bankers books evidence act 1949, and any written law chapter va admissibility of evidence obtained under mutual assistance in criminal matters requests 90 d. Primary evidences are the most superior class of evidences. The law of evidence is defined as the body of legal rules that determines whether and how evidence can be adduced.
The classic treatise on evidence by dean john henry wigmore, w igmore on evidence chadbourn rev. Written evidence is evidence in the form of documents. The law draws no distinction between circumstantial evidence and direct. It is the information for which a legal case is builton. Why and when is a crime scene investigation conducted. The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. Other types of evidentiary rules specify the standards of persuasion e. The commission has also published criminal evidence. It refers to the illegal and improper procurement of evidence during an investigation by investigating agencies and whether such neutral information based on evidence gathered illegally is admissible before the court of law. The role and impact of forensic evidence in the criminal. In some ways, evidence is an extension of civil and criminal procedure. This report provides the results of a major study conducted by the institute for law and justice, inc. The supreme court has longsince held that the due process clause protects against convictions based on testimony that the prosecutor knew or should have known was false.
One of the most common forms of evidence, this is either spoken or written evidence given by a witness under oath. Investigations involving the internet and computer networks. Evidence that uses numbers or statistics to support a position is called statistical evidence. The legal concept of evidence is neither static nor universal. This understanding can be more properly defined and expanded upon as follows. Evidence law general introduction introduction the first chapter of this teaching material deals with the introductory or preliminary matters such as the definition, purpose and nature of evidence law. Either type of evidence may be enough to establish guilt beyond a reasonable doubt, depending on the facts of the case as the jury finds them to be.
Papers on principles for the reform of evidence law, codification of evidence law, hearsay evidence, and expert and opinion evidence were published in 1991. Simply put, substantive laws are those laws which define certain rights and liabilities and adjective laws are those which facilitate the realization of those rights and liabilities. Investigators use many types of evidence in their investigations, including some that wouldnt be accepted in court, but can still supply valuable. The law of evidence 2005, third edition, sweet and maxwell available oct 2005 statute book palgrave mcmillan core statute series evidence or blackstones, statutes on evidence 8th edition 2004 or if available 9th edition 2005. The nature of evidence most evidentiary experiences are only partially theoretical, normally being. Yogi berra, former new york yankees catcher and sage. These three facets of evidence, while distinct, also overlap and are important and necessary. The value of indirect and direct evidence in a court of law. Meaning, impact, cases, evidentiary value, differentiations admission is a voluntary acknowledgment of a fact but importance is given to those admissions only that go against the interests of the person making the admission. The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and crossexamination of witnesses. Collectingphysical evidence fromascenecanhelpaninvestigatorrecreate. They are listed, defined, and explained where necessary in alphabetical order in the paragraphs below. What are the types of evidence used in law answers.