The K-Zone: evidence

Evidence is important in both CriminalLaw and CivilLaw cases. For the purposes of the law relating to evidence, we classify evidence in a number of different ways.

by directness;
by type;
by originality

In addition, it is necessary to consider whether evidence is admissible or not (see: AdmissibilityOfEvidence).

Classification by directness

Evidence is direct if, were it believed, it would immediately establish the fact in question. For example, if a police officer saw a person break a car window and steal the radio this is direct evidence. Note that whether evidence is credible is not an issue here; directness is not predicated on credibility, but its closeness to the fact.

If evidence is not direct, then it is circumstantial. For example, if the police officer sees a suspect running away from a car with a broken window, and carrying a car radio, then this is circumstantial.

Classification by type

Evidence may be oral (usually given by witnesses, see: ExaminationOfWitnesses, CompetenceAndCompellabilityOfWitnesses), documentary or `real' (e.g., objects).

Classification by originality

This issue is much more subtle that it first appears. Evidence is either original, or it is Hearsay. If a police officer testifies that he saw X breaking into a car, this is original evidence of the fact concerning X. If he testifies that Y told him that he (Y) saw X breaking into a car, then this is hearsay against X. It is, of course, direct evidence of the speech by Y -- but this is a different matter. The distinction is important, because hearsay evidence is not usually admitted in criminal cases. A notable exception, of course, is a confession by the accused.

EvidenceLaw