Real Evidence

Detailed Examples and Case Studies

Real evidence, also known as physical evidence or material evidence, is any tangible object that plays a role in the matter that gave rise to the litigation. It is introduced as evidence in a judicial proceeding, such as a trial, to prove a fact in issue based on the object's physical characteristics. The following examples and case studies illustrate the concept and implications of real evidence in various legal contexts:

Legal Examples:

• Example 1: Weapon in a Criminal Case
  In a criminal trial for assault, the prosecution introduces a knife recovered from the crime scene as real evidence. The knife's presence at the scene and any forensic evidence (such as fingerprints or DNA) found on it help establish its role in the assault.
• Example 2: Documents in a Fraud Case
  In a case of financial fraud, the plaintiff presents forged contracts and altered bank statements as real evidence. These documents demonstrate how the fraud was perpetrated, providing concrete proof of the defendant's actions.

Cases Involving Real Evidence:

These cases further demonstrate the application and impact of real evidence in legal proceedings:

• Arizona v. Fulminante: In this case, the Supreme Court dealt with the admissibility of real evidence obtained through coercion. The ruling emphasized that while real evidence is crucial, its collection must adhere to legal standards to be admissible.
• State v. Williams: This case involved the introduction of a bloodstained glove as real evidence in a murder trial. The physical characteristics of the glove, including the blood type and DNA on it, provided compelling evidence linking the defendant to the crime.

Impact of Real Evidence:

• Tangible Proof: Real evidence provides tangible proof that can strongly influence the outcome of a case. Its physical presence can make abstract issues more concrete and understandable for judges and jurors.
• Authentication: Before being admitted, real evidence must be authenticated. This involves establishing that the object is what the proponent claims it is, often through witness testimony, chain of custody documentation, or forensic analysis.
• Demonstrative Value: Real evidence can have a powerful demonstrative value, helping to illustrate and clarify key facts for the jury. For example, a diagram or model can help explain complex scenarios or mechanisms.
• Credibility and Reliability: The credibility and reliability of real evidence are crucial. Parties must ensure that the evidence is not tampered with and is presented accurately to maintain its integrity and persuasive power.
• Chain of Custody: Maintaining a clear chain of custody is essential for real evidence to be admissible. This process tracks the handling and storage of the evidence from the time it is collected until it is presented in court, ensuring no tampering or contamination occurs.
• Legal Strategy: Attorneys must carefully gather, preserve, and present real evidence to build a strong case. They should also be prepared to challenge the authenticity and relevance of real evidence introduced by the opposing party.
• Impact on Jury: Real evidence can significantly impact a jury's perception and decision-making process. Its physical presence and demonstrative power can make it a compelling element of the trial, potentially swaying the jury's verdict.