Real evidence
Encyclopedia
Real evidence, material evidence or physical evidence is any material object, introduced in a trial
, intended to prove
a fact in issue based on its demonstrable physical characteristics. Physical evidence can conceivably include all or part of any object.
, the defective part or defective product, the murder
weapon, the gloves used by an alleged murderer.
Trace evidence
, such as fingerprint
s and firearm
residue, is also a type of real evidence. Real evidence is usually
reported upon by an expert witness
with appropriate qualifications to give an opinion. This normally means a forensic scientist or one qualified in forensic engineering
.
In a murder
trial
for example (or a civil trial for assault
), the physical evidence might include biological evidence such as 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.
s or by circumstantial evidence
called the chain of custody
.
—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).
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, intended to prove
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...
a fact in issue based on its demonstrable physical characteristics. Physical evidence can conceivably include all or part of any object.
Examples
Examples include the written contractContract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, the defective part or defective product, the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
weapon, the gloves used by an alleged murderer.
Trace evidence
Trace evidence
Trace evidence is evidence that occurs when different objects contact one another. Such materials are often transferred by heat induced by contact friction....
, such as fingerprint
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
s and firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
residue, is also a type of real evidence. Real evidence is usually
reported upon by an expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
with appropriate qualifications to give an opinion. This normally means a forensic scientist or one qualified in forensic engineering
Forensic engineering
Forensic engineering is the investigation of materials, products, structures or components that fail or do not operate or function as intended, causing personal injury or damage to property. The consequences of failure are dealt with by the law of product liability. The field also deals with...
.
In a murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
for example (or a civil trial for assault
Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence...
), the physical evidence might include biological evidence such as DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
left by the attacker on the victim's body, the body itself, the weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
used, pieces of carpet spattered with blood
Blood
Blood is a specialized bodily fluid in animals that delivers necessary substances such as nutrients and oxygen to the cells and transports metabolic waste products away from those same cells....
, or casts of footprints or tire prints found at the scene of the crime.
Provenance
Admission of real evidence requires authentication, demonstration of relevance, and a showing that the object is in “the same or substantially the same condition” now as it was on the relevant date. An object of real evidence is authenticated through witness statementWitness statement
A witness statement is a statement summarising the oral evidence that a witness will give at trial. The purpose the witness statement is to set out the evidence of the witness; in some jurisdictions the statement will stand as the evidence in chief of the witness , and the trial will simply...
s or by 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...
called the chain of custody
Chain of custody
Chain of custody refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic...
.
Physical and documentary evidence
Evidence that conveys in a different form the same information that would be conveyed by a piece of physical evidence is not itself physical evidence. For example, a diagram comparing a defective part to one that was properly made is documentary evidenceDocumentary evidence
Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
—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).