Material Objects as Evidence Chapter 5 in text
| aj3_chp_5a.ppt |
| evidence-physical_evidence.ppt |
Material Objects as Evidence
1. Where the condition of some material object is in issue or relevant to an issue (for example, the suitability of protective clothing), it should be produced for inspection by the court. Oral evidence can be given even where such articles are not produced, although failure to produce the object may lessen the weight that may be attached to the evidence.
2. Any material object that you may wish to use as evidence should be produced as an exhibit. Each exhibit should be identified wherever possible by a label or other mark of identification signed by the person who made the statement that refers to it and be sufficiently described in the statement to identify it.
3. Although it is always preferable to do so, there is no overriding duty on the prosecution to preserve evidence; sometimes the destruction of real evidence may be necessary for testing, etc. You may rely on photographs of real evidence that either cannot be taken to court or has been destroyed. Where an expert must examine an object and will leave it permanently altered, you should invite the defense to be present. Failure to do so will not exclude the evidence, but will lessen the weight which may be given to it.
4. Digital images printed through the use of a computer printer are now widely used in evidence. If the defense seeks to challenge such evidence on the ground that it has been tampered with, you will need to put evidence before the court to show that the images have not been altered.
5. "Wet film" photography is less likely to be challenged, as there are negatives available to support the authenticity of the photographs, should any issue arise. Digital images are easily altered without those alterations being apparent. However, a proper audit trail showing that the integrity of the evidence has been preserved should be available to meet any defense challenge.
6. Once an article has become an exhibit, however, the prosecution may be entrusted with the duty of preserving and retaining it for trial or appeal. In such cases, there is a duty to:
2. Any material object that you may wish to use as evidence should be produced as an exhibit. Each exhibit should be identified wherever possible by a label or other mark of identification signed by the person who made the statement that refers to it and be sufficiently described in the statement to identify it.
3. Although it is always preferable to do so, there is no overriding duty on the prosecution to preserve evidence; sometimes the destruction of real evidence may be necessary for testing, etc. You may rely on photographs of real evidence that either cannot be taken to court or has been destroyed. Where an expert must examine an object and will leave it permanently altered, you should invite the defense to be present. Failure to do so will not exclude the evidence, but will lessen the weight which may be given to it.
4. Digital images printed through the use of a computer printer are now widely used in evidence. If the defense seeks to challenge such evidence on the ground that it has been tampered with, you will need to put evidence before the court to show that the images have not been altered.
5. "Wet film" photography is less likely to be challenged, as there are negatives available to support the authenticity of the photographs, should any issue arise. Digital images are easily altered without those alterations being apparent. However, a proper audit trail showing that the integrity of the evidence has been preserved should be available to meet any defense challenge.
6. Once an article has become an exhibit, however, the prosecution may be entrusted with the duty of preserving and retaining it for trial or appeal. In such cases, there is a duty to:
- take care to preserve it;
- allow the defense reasonable access to inspect and examine it;
- produce it at trial.
Evidence Definitions
o Evidence is something used at a civil or criminal trial as proof to support an assertion of fact made by one of the parties. Evidence can be in the form of witness testimony during the trial, such documentary evidence as medical records or corporate records, or such tangible objects as a weapon or bloody article of clothing. Not all evidence is admissible at trial.
Material Evidence
o Materiality has to do with the relationship between evidence and the issues raised at trial. If an issue is important to determination of the outcome of a case, the evidence offered to prove that issue is considered to be material. Relevant evidence used to prove or disprove an issue at trial is considered to be material evidence. Irrelevant evidence is inadmissible.
Material evidence can be either direct or circumstantial.
Direct Evidence
o Direct evidence is evidence that if believed by a judge or jury establishes the proposition for which it is offered. Direct evidence comes from someone's personal observation or knowledge and can prove the issue at hand without any additional presumption or inference. Example of direct evidence would be a surveillance video of a person robbing a bank or a tape recorded confession by a suspect.
Circumstantial Evidence
o Circumstantial evidence requires a judge or jury to make an inference to establish the proposition that evidence is offered is proof of an assertion of fact. An example of circumstantial evidence is a witness testifying that he saw a person charged with murder standing over a body holding a bloody knife. This evidence would require a judge or jury to infer that the person holding the bloody knife committed the murder.
Irrelevant Evidence
Evidence is put forth in a trial to prove an issue of fact and often the parties in a case have conflicting explanations of what the facts are. If evidence put forth does not offer support or proof on an issue in the trial, that evidence is deemed irrelevant and is thus inadmissible.
