As a legal professional, whatever your role, it’s crucial to understand and differentiate between the different types of evidence that can be used in court. While there are lots of different types that have different uses within a courtroom, evidence can be split into the following four categories:
- Testimonial evidence
- Demonstrative evidence
- Real evidence
- Documentary evidence
Each of these types of evidence plays a vital role in building a case and supporting the work of attorneys and other legal professionals in court. Let’s learn more about them now.
Testimonial Evidence
Testimonial evidence refers to a statement or declaration made by a witness. They make this statement or declaration under oath and swear to tell the truth. This type of evidence is hugely influential in all kinds of cases, from trials for fraud to murder cases.
Evidence that comes from a witness such as testimonial evidence is considered a form of trial support for a legal team’s case and can be used in a number of ways. This includes:
- Building timelines
- Confirming someone’s presence at a location
- Providing insights into the context of the crime
This kind of evidence is either given live at a trial or recorded in a written statement or video file. For some witnesses who cannot be present at the trial, or if it is too distressing to do so, the latter forms are used.
Demonstrative Evidence
The next type of evidence is demonstrative evidence. This is used primarily to establish facts in a case. It includes a wide variety of mediums, including:
- Photographs
- Diagrams
- Simulations
- Video clips
- Animation
- Maps
- Drawings or sketches
An example of this type of evidence in action would be an X-ray in a trial about a car accident. The prosecutor could use X-ray images to show where and how the victim was injured. This can be instrumental in demonstrating the damage caused.
Real Evidence
Next, there is real evidence. This evidence means any physical objects or tangible materials that are gathered from an investigation to be used in a trial or court case. It’s the most commonly known type of evidence and can be used in most cases. It’s also some of the most important evidence to gather for legal teams and must be stored securely and correctly if it is to be admissible in court.
Types of real evidence vary hugely, but here are a few examples:
- Weapons such as knives or guns
- Clothing
- Vehicles
- Blood or DNA evidence
- Computers
- Photographs
Real evidence is often presented in court for the jury and judge to see to help them make the right decision about the case at hand.
Documentary Evidence
Documentary evidence can be considered a form of real evidence, with the main differentiator being that it is used to establish facts that are being discussed in the trial itself. For example, if there was a legal dispute about a property, the deed to the property indicating its owner would be considered a form of documentary evidence.
Whether you’re a legal professional, student or someone who is simply curious about court trials and proceedings, it’s crucial to understand the different types of evidence used in courtrooms.
