Evidence and Legal Procedure

  1. Types of Evidence
    1. Direct Evidence
      1. Characteristics
        1. Proves a fact without inference or presumption
          1. Often first-hand accounts
          2. Eyewitness Testimony
            1. Reliability surrounded by perception issues
              1. Influence of witness confidence and credibility
                1. Memory distortions and suggestibility
                2. Video Recordings
                  1. Usage in corroborating events
                    1. Issues of manipulation and context
                    2. Audio Recordings
                      1. Application for verifying conversations
                        1. Challenges in ensuring authenticity
                      2. Circumstantial Evidence
                        1. Definition
                          1. Implies a fact through deduction
                          2. Types
                            1. Physical traces
                              1. Indirect witness testimony
                              2. Importance
                                1. Often requires multiple pieces to build a case
                                  1. Potentially pivotal in absence of direct evidence
                                  2. Examples
                                    1. Fingerprints at a crime scene
                                      1. Behavior patterns
                                    2. Documentary Evidence
                                      1. Characteristics
                                        1. Any document introduced to prove a case
                                          1. Must often be authenticated
                                          2. Written Documents
                                            1. Contracts, letters, and official records
                                              1. Consideration of author credibility and document integrity
                                              2. Electronic Records
                                                1. Emails, text messages, and digital contracts
                                                  1. Issues with data preservation and retrieval
                                                  2. Chain of Documentation
                                                    1. Process for validating origin and authenticity
                                                  3. Physical Evidence
                                                    1. Definition
                                                      1. Material objects presented in court
                                                      2. Types
                                                        1. Weapons, clothing, and personal belongings
                                                          1. Biological samples, like blood or DNA
                                                          2. Forensic Evidence
                                                            1. Involves scientific analysis
                                                              1. DNA profiling and chemical analysis
                                                                1. Integrity and contamination challenges
                                                                2. Presentation in court
                                                                  1. Handling and demonstration to juries
                                                                    1. Importance of maintaining chain of custody
                                                                  2. Testimonial Evidence
                                                                    1. Overview
                                                                      1. Oral statements from witnesses during trial
                                                                      2. Types of Testimonies
                                                                        1. Lay witness vs. expert witness testimony
                                                                        2. Factors Affecting Testimony
                                                                          1. Persuasiveness of witness delivery
                                                                            1. Consistency and contradictions
                                                                            2. Cross-Examination
                                                                              1. Techniques used for credibility assessment and truth verification
                                                                              2. Witness Preparation
                                                                            3. Digital Evidence
                                                                              1. Definition
                                                                                1. Information stored or transmitted in digital form
                                                                                2. Sources
                                                                                  1. Computers, mobile devices, and online data
                                                                                    1. Surveillance footage and social media content
                                                                                    2. Challenges
                                                                                      1. Data encryption and retrieval processes
                                                                                        1. Relevance and scope of digital information
                                                                                        2. Authentication
                                                                                          1. Ensuring legitimacy and integrity of digital files
                                                                                        3. Demonstrative Evidence
                                                                                          1. Characteristics
                                                                                            1. Visual aids used to clarify facts for the court
                                                                                            2. Types
                                                                                              1. Charts, models, maps, and simulations
                                                                                              2. Application
                                                                                                1. Enhance understanding of complex issues
                                                                                                  1. Visual reconstruction of events
                                                                                                  2. Limitations
                                                                                                    1. Potential for misleading or over-simplifying facts