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Commonwealth's Attorney
Overview of Evidence
(For more information about certain terms, see the glossary.)
In most criminal cases, the commonwealth's attorney will present the court with evidence the defendant is guilty of a crime and the defendant will introduce evidence he or she is innocent. Much of the trial will be spent producing, explaining, evaluating and arguing over this evidence.
Black's Law Dictionary defines evidence as
Any species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention.
Evidence, simply put, is what is legally admitted to the trier of fact to assist in reaching a decision on the ultimate issue.
In a criminal case, the attorneys for each party determine what evidence they must present to ultimately prevail, based on what elements must be proven and the quality of the evidence available.
Over time, courts have derived "Rules of Evidence" designed to ensure fairness by
- Promoting truth
- Avoiding misleading evidence
- Preventing the trier of fact from becoming unduly swayed by emotion
Based on these rules, a judge may refuse to allow the commonwealth's attorney or the defendant to introduce certain evidence if the evidence was inappropriately obtained, is irrelevant to the case, is unduly repetitious or for other reasons. When a party raises a formal objection during a trial, it is almost always because he or she disputes some particular evidence (particularly testimonial evidence) should be allowed.
Types of evidence include:
| Circumstantial Evidence | Evidence which establishes facts not directly in issue but from which a fact in issue may be reasonably inferred.
Example: A person walking into a building soaking wet proves little more than the person is in the building and is wet. Nevertheless, a reasonable person may infer it is raining outside. The wet person is circumstantial evidence it is raining. |
| Direct Evidence | Evidence which proves a fact in issue
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Example: A National Weather Service report of rain on the night in question is direct evidence it was raining. |
| Judicial Notice | A judge's acceptance of evidence as proven.
A judge may take judicial notice of the fact it was raining on the night in question, thereby eliminating, for the purpose of the trial, any doubt about that fact. |
| Real Evidence | An actual physical object.
Example: Rain falling out of the sky is real evidence it is raining. |
| Stipulation | Agreement by both parties in a case as to evidence.
Example: Both parties may stipulate it was raining on the night in question, thereby eliminating the need to prove the fact with other evidence. |
| Testimonial Evidence | Verbal testimony of witnesses under oath, subject to cross examination.
Example: A witness who says, "It was raining on the night in question," has provided testimonial evidence to the fact. |
Proof is a legal conclusion and evidence is the means to reach proof. Whether or not evidence has proven a fact, or the sum of evidence has proven a case, is the decision of the trier of fact (the judge or jury). Each party may introduce evidence to cast doubt on the relevance or validity of the other party's evidence. In a criminal case, the prosecutor must prove the case "beyond a reasonable doubt." In other words, the case is not proven if a reasonable doubt exists in the mind of the trier of fact the defendant is guilty of the charges.
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