SecurityArena

Evidence

Best evidence

It is the primary evidence used in a trial because it provides the most reliability. It is used for documentary evidence such as contracts.

Secondary evidence

It is not viewed as reliable and strong in proving innocence or guilt when compared to best evidence. Oral evidence, such as a witness’s testimony, and copies of original documents are placed in the secondary evidence category.

Direct evidence

It can prove fact all by itself instead of needing backup information to refer to. When using direct evidence, inference or presumptions are not required.

One example of direct evidence is the testimony of a witness who saw a crime take place. Although this oral evidence would be secondary in nature, meaning a case could not rest on just it alone, it is also direct evidence, meaning the lawyer does not necessarily need to provide other evidence to back it up. Direct evidence often is based on information gathered from a witness’s five senses.

Conclusive evidence

It is irrefutable and cannot be contradicted.

Circumstantial evidence

It can prove an intermediate fact that can then be used to deduce or assume the existence of another fact.

Corroborative evidence

It is supporting evidence used to help prove an idea or point. It cannot stand on its own, but is used as a supplementary tool to help prove a primary piece of evidence.

Opinion evidence

When a witness testifies, the opinion rule dictates that she must testify to only the facts of the issue and not her opinion of the facts.

Hearsay evidence

Pertains to oral or written evidence that is presented in court that is secondhand and that has no firsthand proof of accuracy or reliability.

Characteristics of evidence

• Sufficient. It must be persuasive enough to convince a reasonable person of the validity of the findings. Means also that it cannot be easily doubted.
• Reliable / Competent. It must be consistent with fact, must be factual and not circumstantial.
• Relevant. It must have a reasonable and sensible relationship to the findings.
• Legally permissible. It was obtained in a legal way.