Physical evidence.html



Evidence

Part of the common law series

Types of evidence

Testimony · Documentary Physical / Real · Digital Exculpatory · Scientific Demonstrative Eyewitness identification Genetic (DNA) · Lies

Relevance

Burden of proof · Laying a foundation Subsequent remedial measure Character · Habit · Similar fact

Authentication

Chain of custody Judicial notice · Best evidence rule Self-authenticating document Ancient document

Witnesses

Competence · Privilege Direct examination · Cross-examination Impeachment · Recorded recollection Expert witness · Dead man statute

Hearsay and exceptions

in English law · in United States law Confessions · Business records Excited utterance · Dying declaration Party admission · Ancient document Declarations against interest Present sense impression · Res gestae Learned treatise · Implied assertion

Other common law areas

Contract · Tort · Property Wills, trusts and estates Criminal law

v • d • e

Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. Physical evidence can conceivably include all or part of any object.

In a murder trial for example (or a civil trial for assault), the physical evidence might include DNA left by the attacker on the victim's body, the body itself, the weapon used, pieces of carpet spattered with blood, or casts of footprints or tire prints found at the scene of the crime.

The role of the expert witness

Where physical evidence is of a complexity that makes it difficult for the average person to understand its significance, an expert witness may be called to explain to the jury the proper interpretation of the evidence at hand.

Physical versus documentary evidence

A piece of evidence is not physical evidence if it merely conveys the information that would be conveyed by the physical evidence, but in another medium. For example, a diagram comparing a defective part to one that was properly made is documentary evidence—only the actual part, or a replica of the actual part, would be physical evidence. Similarly, a film of a murder taking place would not be physical evidence (unless it was introduced to show that the victims blood had splattered on the film), but documentary evidence (as with a written description of the event from an eyewitness).