The umbrella of demonstrative evidence can include many different elements. Any objects, pictures, models or other devices used in a trial to demonstrate or explain facts are considered demonstrative evidence. Evidence used to demonstrate the moral standing of a person based on their reputation in their respective community is considered character evidence. A character witness, for example, is a person who testifies in court on behalf of another to speak to their positive or negative character traits.
While propensity evidence—or evidence that a person engaged in bad behavior in the past—is generally not admissible in court cases, habit evidence is admissible as an exception to this rule. Habit evidence refers to evidence of a repetitive response by a person to particular circumstances. It is used in court cases for the purpose of proving how that person would likely act in a similar situation.
That is because hearsay evidence refers to an out-of-court statement made by a relevant party in relation to an issue being discussed at trial. This is generally deemed inadmissible because of the inability of the other party to cross-examine the person who made the statement in question.
Evidence that is used to strengthen, add to, authenticate or confirm already-existing evidence is considered corroborating evidence. This is called exculpatory evidence , and it is most commonly used to demonstrate that a defendant is not guilty. When prosecutors willfully withhold potentially exculpatory evidence, this is considered a violation of the Brady Rule.
Amidst the many different types of evidence, there are two primary categories that will greatly impact the outcome of a court case: admissible and inadmissible evidence. Generally speaking, all evidence that is able to be formally presented in front of a judge or jury has been deemed admissible evidence. Prior to the trial, it is the duty of the judge to determine whether or not particular evidence may be included.
Conversely, evidence that the judge determines cannot be presented to the jury is considered inadmissible evidence. Reasons for deeming evidence to be inadmissible can include the following: It was improperly obtained, it is prejudicial, it is not relevant to the case or it is hearsay. In court cases, it is the obligation of the prosecutorial team to meet the burden of proof—or the responsibility to prove their allegations beyond a reasonable doubt.
Evidence that fails to meet the burden of proof is considered insufficient evidence. In such cases, a judge may even dismiss a case before the defense presents their side. If you continually find yourself poring over each minute detail of the newsworthy court cases you come across, it may be time to consider the next steps required of you to become a paralegal.
There are some errors in the form. Please correct the errors and submit again. By selecting "Submit," I authorize Rasmussen University to contact me by email, phone or text message at the number provided. There is no obligation to enroll. Jess is a Content Specialist at Collegis Education. She researches and writes articles on behalf of Rasmussen University to help empower students to achieve their career dreams through higher education.
Posted in Paralegal. What are some common objections? When would I object to specific kinds of evidence? Hearsay What is hearsay? What are some hearsay exceptions? View all. Did you find this information helpful? The Canada Evidence Act is an act of parliament created in that regulated how evidence is used in a court under the federal domain for criminal matters or civil matters where the federal government has jurisdiction.
In Ontario, most civil proceedings are under the provincial Evidence act. The evidence act lays out regulations for how evidence is used in court and what types are admissible. The basic rule is, the evidence presented must be: relevant to the case, must be material to the case it must have some legal significance connected to the case , and there cannot be a legal rule that excludes it, such as with hearsay evidence.
It is up to a jury to listen to the evidence and weigh the information. Real evidence is also known as physical evidence and includes fingerprints, bullet casings, a knife, DNA samples — things that a jury can see and touch.
Real evidence usually proves or disproves facts in the case. To be admitted, real evidence must be relevant, material, and authentic.
Lawyers must establish that the evidence belonged to the accused or was used in the crime. Demonstrative Evidence can help illustrate or demonstrate the testimony of a witness.
It can include a map of the crime scene or charts or images and pictures of the location that a witness describes. Documentary evidence is evidence introduced through documents instead of through oral witness accounts such as a diary entry, newspaper, or contract. Memory is malleable. Why the Myth Persists So why, despite all the news about misidentifications and wrongful convictions, do people continue to put such profound faith in eyewitness testimony?
Several reasons are likely. First, in popular media and literatary depictions, detectives for example, Sherlock Holmes and witnesses possess highly detailed and accurate memories. Second, crimes and accidents are unusual, distinctive, often stressful, and even terrifying events, and people believe those events therefore should automatically be memorable. In fact, stress and terror can actually inhibit memory formation, and memories continue to be constructed after the originating event on the basis of information learned afterward.
People underestimate how quickly forgetting can take place. Third, eyewitnesses are often sincere and confident, which makes them persuasive but not necessarily correct. Memory distortion often happens unconsciously. Witnesses truly believe their version of events, no matter how inaccurate they may be. Finally, confirmation bias is likely at play. People notice the times when they accurately remembered some person or detail in their past, but tend to forget the times when their memory failed them.
With the prevalence of video cameras capturing most anything we do, it is easier than ever to check memories against actual recordings of events. You might ask students if they ever compared their memory of an event to an actual recording of the incident and discovered discrepancies.
If so, this might reduce confirmation bias. It creates stories based on those experiences. The stories are sometimes uncannily accurate, sometimes completely fictional, and often a mixture of the two; and they can change to suit the situation.
Eyewitness testimony is a potent form of evidence for convicting the accused, but it is subject to unconscious memory distortions and biases even among the most confident of witnesses. So memory can be remarkably accurate or remarkably inaccurate. Without objective evidence, the two are indistinguishable. How reliable is eyewitness testimony? National Science Foundation Sometimes, we can even build false recollections about people we only think we saw.
How reliable is your memory? Psychological scientist Elizabeth Loftus studies memories. A two-part 60 Minutes news story focusing on the case of Ronald Cotton and Jennifer Thompson, one of the best documented cases of false conviction. Extensive interviews with the people involved in the case as well as Elizabeth Loftus and Gary Wells. Scientific American Mind. Website of Dr. Gary Wells , who has done extensive research on the validity of police line-ups.
His website is a wealth of information, links, and videos. Eyewitness Testimony and Memory Biases. Benton, T. Eyewitness memory is still not common sense: comparing jurors, judges and law enforcement to eyewitness experts.
Applied Cognitive Psychology, 20, — Hastorf, A. They saw a game; a case study. The Journal of Abnormal and Social Psychology, 49 1 , Loftus, E. Zaragoza, M. Misinformation Effects and the Suggestibility of Eyewitness Memory. Hayne Eds. Students may bring responses to class or post them online. Begin by posing the myth, shown on Slide 1 of the accompanying PowerPoint slides. Eyewitness Testimony slides.
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