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Real and Demonstrative Evidence

There are four main types of evidence used in trials: real evidence, demonstrative evidence, documentary evidence, and testimonial evidence. Real evidence consists of physical objects related to a case that can be physically inspected by a jury. Demonstrative evidence illustrates or demonstrates witness testimony through means like diagrams, maps, or charts. Documentary evidence comprises written materials used to prove or disprove allegations. Testimonial evidence is witness testimony given under oath. For evidence to be admitted, it must be relevant, material, and authentic, and its probative value must outweigh any prejudicial impact.

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795 views3 pages

Real and Demonstrative Evidence

There are four main types of evidence used in trials: real evidence, demonstrative evidence, documentary evidence, and testimonial evidence. Real evidence consists of physical objects related to a case that can be physically inspected by a jury. Demonstrative evidence illustrates or demonstrates witness testimony through means like diagrams, maps, or charts. Documentary evidence comprises written materials used to prove or disprove allegations. Testimonial evidence is witness testimony given under oath. For evidence to be admitted, it must be relevant, material, and authentic, and its probative value must outweigh any prejudicial impact.

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Real and Demonstrative Evidence

https://criminal.findlaw.com/criminal-procedure/real-and-demonstrative-evidence.html

Evidence establishes facts. For instance, the evidence of a bloody fingerprint would
help to establish the fact that a certain person was at the scene of the victim's
murder. Real and demonstrative evidence are two important forms of evidence, but
they can be only used at trial if they're admissible and relevant.

Evidence: Definition and Types

Evidence is used at trials to prove or disprove certain facts that would tend to show
whether something was true or not. There are four types evidence by which facts can
be proven or disproven at trial which include:

1. Real evidence;
2. Demonstrative evidence;
3. Documentary evidence; and
4. Testimonial evidence.

Not all of these types of evidence carry the same weight at trial. For instance, real
evidence may be more believable than demonstrative evidence. It's the jury's role to
weigh each type of evidence and make a determination as to the believability of the
evidence presented.

Real Evidence

Real evidence, often called physical evidence, consists of material items involved in a
case, objects and things the jury can physically hold and inspect. Examples of real
evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical
objects.

Real evidence is usually admitted because it tends to prove or disprove an issue of


fact in a trial. Real evidence is usually involved in an event central to the case, such
as a murder weapon, clothing of a victim, narcotics or fingerprints.

In order to be used at trial, real evidence must be relevant, material, and authentic.


The process whereby a lawyer establishes these basic prerequisites is called laying a
foundation, accomplished by calling witnesses who establish the item's chain of
custody.

Demonstrative Evidence
Demonstrative evidence, usually charts and diagrams, demonstrate or illustrate
the testimony of a witness. It's admissible when it fairly and accurately reflects the
witness's testimony and is more probative than prejudicial. Maps, diagrams of a
crime scene, charts and graphs that illustrate physical or financial injury to a
plaintiff are examples of demonstrative evidence. Witnesses create and use
demonstrative evidence at trial, and opposing counsel may use the same evidence to
prove contrary positions.

Documentary Evidence

The production of documents at trial is documentary evidence which is presented to


prove or disprove certain allegations at trial. These documents can be from a vast
number of sources from diaries, letters, contracts, newspapers, and any other type of
document that you can think of. There are restrictions and qualifications for using
documents at trial as there is a need to make sure they are authentic and
trustworthy.

Testimonial Evidence

When a person gets up on the stand at trial and relates something that they saw or
heard, that is testimonial evidence. It is simply a witness giving testimony under oath
about the facts of the case.

Admissibility of Evidence

Evidence cannot be used at trial unless it's admissible. The admissibility of evidence
depends on more than authenticity and materiality. In addition, the probative value
of the evidence (it's ability to prove or disprove facts) must not be outweighed by the
sheer shock value, or prejudicial value, of the evidence.

For example, a photograph of a murder victim would be admissible to show whether


the defendant could have inflicted the wounds visible in the photograph. Conversely,
photographs of what the body looked like after a week of rigor mortis would be
inadmissible, as they would have little probative value and would be highly
prejudicial due to shock value.

Is the Evidence More Probative Than Prejudicial?

The difficult admissibility questions arise when the probative value is low, the
prejudicial value is high, but the law requires the People (or the plaintiff) to use the
evidence to prove an element of a charge.

For example, if a defendant in a criminal case takes the witness stand to testify in his
own defense, Federal Rule of Evidence 609 allows the government to impeach the
defendant's testimony with evidence of prior bad acts. These bad acts may include
prior convictions, including convictions for crimes just like the one the defendant is
currently be on trial for. After hearing about these bad acts, juries may no longer be
able to keep an open mind.

So what's a judge to do? Under the federal rules, relevant evidence is to be excluded


if "its probative value is substantially outweighed by the danger of unfair prejudice."
Similarly, Federal Rule 403 allows for exclusion to avoid "substantial danger of
undue prejudice."

More Questions About Real and Demonstrative Evidence? Talk to an Attorney

Gathering real evidence and collecting testimonial evidence is never easy, but it often
depends on a good defense attorney to gather the right investigators and to lay the
proper foundation at trial. If you're being investigated for a crime and may be headed
to trial, it's in your best interest to consult with a criminal defense attorney in your
area.

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