Evidence
Encyclopedia
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth
of an assertion. Giving or procuring evidence is the process of using those things that are either (a) presumed to be true, or (b) were themselves proven via evidence, to demonstrate an assertion's truth. Evidence is the currency by which one fulfills the burden of proof.
Many issues surround evidence, making it the subject of much discussion and disagreement. In addition to its subtlety, evidence plays an important role in many academic disciplines, including science
and law
, adding to the discourse surrounding it.
An important distinction in the field of evidence is that between circumstantial evidence
and direct evidence
, or evidence that suggests truth as opposed to evidence that directly proves truth. Many have seen this line to be less-than-clear and significant arguments have arisen over the difference.
There are two primary burden-of-proof considerations:
Conclusions (from evidence) may be subject to criticism from a perceived failure to fulfill the burden of proof.
, denying the possibility of direct evidence
.
To help deal with this problem, many fields have found it useful to talk about levels of evidence and certainty, particularly the field of law.
or other controlled conditions. Scientific evidence
usually goes towards supporting or rejecting a hypothesis
.
One must always remember that the burden of proof is on the person making a contentious claim. Within science, this translates to the burden resting on presenters of a paper, in which the presenters argue for their specific findings. This paper is placed before a panel of judges where the presenter must defend the thesis against all challenges.
When evidence is contradictory to predicted expectations, the evidence and the ways of making it are often closely scrutinized (see experimenter's regress
) and only at the end of this process is the hypothesis rejected: this can be referred to as 'refutation of the hypothesis'. The rules for evidence used by science are collected systematically in an attempt to avoid the bias
inherent to anecdotal evidence
.
In law, the production and presentation of evidence depends first on establishing on whom the burden of proof lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law. The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution. The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubt
, the latter considering only which side has the preponderance of evidence, or whether the proposition is more likely true or false. The decision maker, often a jury, but sometimes a judge, decides whether the burden of proof has been fulfilled.
After deciding who will carry the burden of proof, evidence is first gathered and then presented before the court:
act. The focus of criminal evidence is to connect physical evidence and reports of witnesses to a specific person.
relating to reliability, or broader social concerns. Testimony (which tells) and exhibits (which show) are the two main categories of evidence presented at a trial or hearing. In the United States, evidence in federal court is admitted or excluded under the Federal Rules of Evidence.
Truth
Truth has a variety of meanings, such as the state of being in accord with fact or reality. It can also mean having fidelity to an original or to a standard or ideal. In a common usage, it also means constancy or sincerity in action or character...
of an assertion. Giving or procuring evidence is the process of using those things that are either (a) presumed to be true, or (b) were themselves proven via evidence, to demonstrate an assertion's truth. Evidence is the currency by which one fulfills the burden of proof.
Many issues surround evidence, making it the subject of much discussion and disagreement. In addition to its subtlety, evidence plays an important role in many academic disciplines, including science
Scientific evidence
Scientific evidence has no universally accepted definition but generally refers to evidence which serves to either support or counter a scientific theory or hypothesis. Such evidence is generally expected to be empirical and properly documented in accordance with scientific method such as is...
and law
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, adding to the discourse surrounding it.
An important distinction in the field of evidence is that between circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
and direct evidence
Direct evidence
Direct evidence supports the truth of an assertion directly, i.e., without an intervening inference...
, or evidence that suggests truth as opposed to evidence that directly proves truth. Many have seen this line to be less-than-clear and significant arguments have arisen over the difference.
Burden of proof
The burden of proof is the burden of providing sufficient evidence to shift a conclusion from an oppositional opinion. Whoever does not carry the burden of proof carries the benefit of assumption. Whoever bears the burden of proof must present sufficient evidence to move the conclusion to their own position. The burden of proof must be fulfilled both by establishing positive evidence and negating oppositional evidence.There are two primary burden-of-proof considerations:
- The question of on whom the burden rests.
- The question of the degree of certitude the proof must support. This depends on both the quantity and quality of evidence and the nature of the point under contention. Some common degrees of certitude include the most probable event, reasonable doubtReasonable doubtProof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
, and beyond the shadow of a doubtBeyond the shadow of a doubtBeyond the shadow of a doubt, or beyond a shadow of a doubt, is a standard of proof. The phrase means the issue in question is so obvious, or has been so thoroughly proven, that there can exist no doubt...
.
Conclusions (from evidence) may be subject to criticism from a perceived failure to fulfill the burden of proof.
Problems in evidence
The theory of evidence is a field wrought with dispute. Many of these disputes stem from the limits of human knowing, a field known as epistemology. Possibly the most salient question of evidence is how, if, and what, one can know. (Or, in other words, the question is to what extent is it even possible to fulfill the burden of proof.) This is the question of evidence's limits. Some believe all evidence to be circumstantialCircumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
, denying the possibility of direct evidence
Direct evidence
Direct evidence supports the truth of an assertion directly, i.e., without an intervening inference...
.
To help deal with this problem, many fields have found it useful to talk about levels of evidence and certainty, particularly the field of law.
Evidence in science
In scientific research evidence is accumulated through observations of phenomena that occur in the natural world, or which are created as experiments in a laboratoryLaboratory
A laboratory is a facility that provides controlled conditions in which scientific research, experiments, and measurement may be performed. The title of laboratory is also used for certain other facilities where the processes or equipment used are similar to those in scientific laboratories...
or other controlled conditions. Scientific evidence
Scientific evidence
Scientific evidence has no universally accepted definition but generally refers to evidence which serves to either support or counter a scientific theory or hypothesis. Such evidence is generally expected to be empirical and properly documented in accordance with scientific method such as is...
usually goes towards supporting or rejecting a hypothesis
Hypothesis
A hypothesis is a proposed explanation for a phenomenon. The term derives from the Greek, ὑποτιθέναι – hypotithenai meaning "to put under" or "to suppose". For a hypothesis to be put forward as a scientific hypothesis, the scientific method requires that one can test it...
.
One must always remember that the burden of proof is on the person making a contentious claim. Within science, this translates to the burden resting on presenters of a paper, in which the presenters argue for their specific findings. This paper is placed before a panel of judges where the presenter must defend the thesis against all challenges.
When evidence is contradictory to predicted expectations, the evidence and the ways of making it are often closely scrutinized (see experimenter's regress
Experimenter's regress
In science, experimenter's regress refers to a loop of dependence between theory and evidence. In order to judge whether evidence is erroneous we must rely on theory-based expectations, and to judge the value of competing theories we rely on evidence, but to detect errors in experiments we must be...
) and only at the end of this process is the hypothesis rejected: this can be referred to as 'refutation of the hypothesis'. The rules for evidence used by science are collected systematically in an attempt to avoid the bias
Bias
Bias is an inclination to present or hold a partial perspective at the expense of alternatives. Bias can come in many forms.-In judgement and decision making:...
inherent to anecdotal evidence
Anecdotal evidence
The expression anecdotal evidence refers to evidence from anecdotes. Because of the small sample, there is a larger chance that it may be true but unreliable due to cherry-picked or otherwise unrepresentative of typical cases....
.
Evidence in law
Evidence forms the very foundation of any legal system, without which law would be subject to the whims of those with power.In law, the production and presentation of evidence depends first on establishing on whom the burden of proof lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law. The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution. The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubt
Reasonable doubt
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
, the latter considering only which side has the preponderance of evidence, or whether the proposition is more likely true or false. The decision maker, often a jury, but sometimes a judge, decides whether the burden of proof has been fulfilled.
After deciding who will carry the burden of proof, evidence is first gathered and then presented before the court:
Gathering evidence
In criminal investigation, rather than attempting to prove an abstract or hypothetical point, the evidence gatherers attempt to determine who is responsible for a criminalCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
act. The focus of criminal evidence is to connect physical evidence and reports of witnesses to a specific person.
Evidence before the court
Presenting evidence before the court differs from the gathering of evidence in important ways. Gathering evidence may take many forms; presenting evidence that tend to prove or disprove the point at issue is strictly governed by rules. Failure to follow these rules leads to any number of consequences. In law, certain policies allow (or require) evidence to be excluded from consideration based either on indiciaIndicia
In philately, indicia are markings on a mail piece showing that postage has been prepaid by the sender. Indicia is the plural of the latin word indicium, meaning distinguishing marks, signs or identifying marks...
relating to reliability, or broader social concerns. Testimony (which tells) and exhibits (which show) are the two main categories of evidence presented at a trial or hearing. In the United States, evidence in federal court is admitted or excluded under the Federal Rules of Evidence.
Types of evidence
- Anecdotal evidenceAnecdotal evidenceThe expression anecdotal evidence refers to evidence from anecdotes. Because of the small sample, there is a larger chance that it may be true but unreliable due to cherry-picked or otherwise unrepresentative of typical cases....
- IntuitionIntuition (knowledge)Intuition is the ability to acquire knowledge without inference or the use of reason. "The word 'intuition' comes from the Latin word 'intueri', which is often roughly translated as meaning 'to look inside'’ or 'to contemplate'." Intuition provides us with beliefs that we cannot necessarily justify...
- Personal experiencePersonal experiencePersonal experience of a human being is the moment-to-moment experience and sensory awareness of internal and external events.-History:An early belief of some philosophers of Ancient Greece was that the mind was like a recording device and simply kept somehow-objective records of what the senses...
- Scientific evidenceScientific evidenceScientific evidence has no universally accepted definition but generally refers to evidence which serves to either support or counter a scientific theory or hypothesis. Such evidence is generally expected to be empirical and properly documented in accordance with scientific method such as is...
- TestimonialTestimonyIn law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
External links
- ASTM E141 Standard Practice for Acceptance of Evidence Based on the Results of Probability Sampling