Understanding Evidence
What is Evidence?
In short, evidence is the “proof” that the court uses to decide what happened. Evidence can be understood in two main ways. In its simplest form, it refers to the information contained in a witness’s testimony. More broadly, evidence includes all the information presented in court to prove or disprove a fact in dispute. This can include oral testimony from witnesses, documents, and physical items presented during the case.
Types of Evidence
The Different types of evidence are:
- Oral Testimony:
This relates to oral evidence given in Court by witnesses who attend court to give an account of things within their personal knowledge and experience. In other words, the witness is allowed to testify about what they saw, or things they would have said or done. Within a trial, this is a preferred method of evidence as it is able to be given live from the witness, and also can be tested under cross-examination to determine whether there are any inconsistencies or omissions in it.
- Documentary Evidence:
This type of evidence is somewhat self-explanatory. It is evidence that is contained in a document such as photographs, drawings, computer prints, business documents, and expert reports, for example a post-mortem examination report. These documents can contain and depict relevant information that can affect a case.
- Real Evidence:
This type of evidence is not merely a picture of an important aspect of a case, it is the thing itself. Some examples of this would be the weapon used in the commission of an offence, such as a knife, drugs, a firearm, or blood-stained clothing. CCTV footage can also be considered real evidence.
These types of evidence will then be further classified into two categories, namely, direct evidence and circumstantial evidence.
What is Direct Evidence?
Direct evidence is evidence that, if believed, proves a fact without the need for further inference. In other words, the court simply decides whether to accept or reject the evidence based on the witness’s account. An example of this would be a witness stating that she saw an accused person shoot at someone, following which she observed that the person lying on the floor had what appeared to be a gunshot injury. This is direct evidence that is either accepted or rejected. Another example of this is a witness testifying that she saw the accused at his home during the time period that the offence was allegedly committed. That would serve as direct evidence of an alibi, and it can only be accepted or rejected.
What is Circumstantial Evidence?
Circumstantial evidence, however, is different from direct evidence. It is evidence from which a jury or judge can draw an inference from the evidence that is given. An example of circumstantial evidence is that A, who was at home, heard what sounded like a scream and saw B running away from the direction of the scream. The police arrive at the scene and discover C with chop wounds about the body. B is shortly thereafter apprehended by the Police, with blood stains on his clothing. The clothing is sent for forensic testing, and the blood is determined to belong to C. From that information, several inferences can be drawn, such as that B was present on the scene where C was chopped. These, however, are simply inferences that are made as the evidence that was discovered allows one to make certain reasonable assumptions.
Admissibility of these types of Evidence
In Trinidad and Tobago, the law determines what evidence can be used in court, mainly under the Evidence Act. As outlined above, evidence can take several forms and before it can be allowed into court, certain procedures must be followed. In order for documents like business records or computer files to be allowed into evidence, it must first be reliable and properly verified. Photographs are usually admitted through the person who took them, with the use of a certificate on said photograph, which was authenticated by a justice of the peace, indicating that the photograph is a true image of the objects depicted. Similarly for real evidence, such as physical objects, it must be authenticated by someone who found or handled them. Some documents such as a witness’s statement may also be used if the witness is unavailable due to death, illness, cannot be found, afraid or being abroad, provided this is properly proven. All evidence must meet legal standards to be accepted in court.
Conclusion
In a court of law, evidence is the foundation on which justice is built. Whether it comes from a witness’s testimony, documents, or physical objects, evidence must meet legal standards to be considered reliable. Direct evidence can prove a fact on its own, while circumstantial evidence allows the court to draw reasonable inferences. By following strict rules for admissibility, the legal system ensures that only trustworthy information helps determine the outcome of a case, safeguarding fairness and justice for all parties involved.
Submitted by: Sarah Julien
Public Defender Entry
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: laaa.org.tt