Rules of evidence

Evidence in criminal cases is known to be any data of proof, legally collected and presented to the court. The term evidence includes all the means by which the facts, establishing the truth are proved or disproved. The purpose of evidence is considered to be the discovery of the truth of the charge.

The laws of evidence are the rules of its admissibility in court. There is no universal law of evidence. The rules of different states vary.

Evidence may be divided into three major classifications:

1) direct evidence.

2) indirect or circumstantial evidence.

3) real or physical evidence.

1. Evidence, which directly establishes the main fact of issue, is called direct evidence. For example, the witness is describing a criminal act, which he actually saw.

2. Indirect or circumstantial evidence is facts so closely associated with the perpetration of a crime that they lead to a conclusion on the guilt or innocence of the accused when assembled together. The indirect evidence is considered to be legal because not all crimes may have an eyewitness, but they should be acted upon cautiously.

3. Real or physical evidence is an object introduced at a trial to prove or disprove a fact. This kind of evidence is expected to speak for itself. Examples of real evidence are: weapons, fingerprints, bloodstains, wounds, etc. Real evidence may be direct or circumstantial.

Facts mау be proved by oral or documentary evidence. Documentary evidence may be primary (the original document) or secondary (a copy of the document or an oral account of it). Secondary evidence is admissible only when it is impossible to produce the original. The best evidence is the thing itself – " best evidence rule".

It is well to become familiar with some legal terms used when speaking of evidence:

А presumption is known to be a logical conclusion made from proven facts or circumstances of the case.

Here are examples:

1. Everyone is presumed to know the law.

2. Children under seven are presumed to be incapable of committing a crime.

3. Every man is presumed to be innocent.

The presumption of innocence means that the accused in the criminal case is considered to be innocent until his guilt is established by the judge or jury trying his case. The evidence must prove his guilt according to the law.

Corroborative evidence is known to be a type of evidence where one person makes a statement and another verifies it. The function of the rules is to limit the evidence, which the witness may present to those of things of which he has a direct knowledge.

Some kinds of evidence are not admissible in court. Only material and relevant evidence and competent witnesses may prove or disprove the guilt of the accused. Irrelevant evidence and incompetent witnesses are not admissible at a trial.

In case of opinion evidence a witness testifies to his opinion based on the facts.

Hearsay evidence is a repetition of what the witness has heard the other say. For example, a witness states: ” I know X hit Y because Z told B“.

Such types of evidence as confessions, dying declarations, witness statements, expert testimony, identifying evidence and so on, are admissible in court. A complete knowledge of the rules of evidence is necessary for the police officers and investigators.