2 - Evidence

Evidence

Objects, documents, official statements, etc. that are used to prove something is true or not true

Evidence

It is the means, sanctioned by law, of ascertaining in a judicial proceedings the truth respecting a matter of fact.

• Direct

• Circumstantial

• Hearsay

BASIC FORMS OF EVIDENCE: (3)

Direct evidence

that which the senses perceive.

• Any fact to which a witness testifies based on what he saw, heard, smelled, touched or tasted, is direct evidence.

Circumstantial evidence

a kind of evidence which seeks to establish a conclusion by inferences from proved facts

Hearsay evidence

A statement made by a witness on the authority of another and not from his own personal knowledge or observation

Scientific Evidence

The means sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a matter of fact wherein scientific knowledge is necessary.

• Real or Autoptic evidence

• Testimonial evidence

• Experimental evidence

• Documentary evidence

FORMS of Scientific Evidence: (4)

Real or Autoptic evidence

evidence which is addressed to the senses of the court.

Testimonial evidence

comes from people.

• E.g. testimony of an expert witness in court

Experimental evidence

An expert witness may be required to perform certain experiments

to prove a certain matter of fact.

Documentary evidence

any written evidence

presented by an expert in court.

Incriminating Evidence

An evidence that may prove or disapprove the involvement in a crime or fault

Incriminate 

to charge with or show evidence or proof of involvement

in a crime or fault

• Fingerprints

• DNA profile

• Blood

• Hair

• Skin

• Witness testimony

• Written Documents

• Semen Shoe prints

• Videotapes/Photographs

• Ballistics

• Drugs

• Toxicological

Incriminating Evidences:

Witness

A person who has personal Knowledge of something

Witness

A person who testifies in a cause or before a judicial tribunal,

• Ordinary

• Expert

Witness (2)

Ordinary Witness

The Rule of Court requires that a person must have the following:

• must have the organ and power to perceive.

• perception gathered by his organ of sense can be imparted to others.  

• does not fall in any of the exception provided for by law.

Expert Witness

The opinion of a witness regarding a question of science, art or trade, where he is skill therein,

may be received in evidence.

Ordinary Witness

can only state what his senses have perceived

Ordinary Witness

• may not be skilled on the line he is testifying

• cannot testify on things or facts he has not perceived except those provided for by law

Expert Witness

may state what he has perceived and also give opinion, deduction or conclusions to his perception.

Expert Witness

• must be skilled in the art, science or trade he is testifying.

• may testify on things which he has not seen by giving his opinions, deductions or conclusions on the statement  of facts