Types of Evidence in Law: How many types of evidence are there?

U.S. and Canadian law recognizes two primary categories of evidence: direct evidence and circumstantial evidence. These two categories break down into at least seven forms, including physical, documentary, demonstrative, statistical, testimonial, and digital evidence.

There are two basic categories of evidence: (1) direct evidence and (2) circumstantial evidence. The former relies on witness perceptions, and the latter relies on facts that imply a conclusion, such as DNA. Depending on the laws in your country, you may break down these two categories into at least seven different types of evidence, as explained below.

Quick take: How many types of evidence are there?

• The two main types of evidence are direct evidence and circumstantial (indirect) evidence.
• Exculpatory evidence refers to evidence you can use to exonerate yourself, such as an alibi or supporting witness testimony.
• It is unlawful for prosecutors to withhold evidence that may exonerate you or reduce your sentence.
• Tampering with evidence or introducing improperly obtained evidence can lead to case dismissal or a new trial.
• Chain-of-custody documentation ensures evidence remains unchanged from collection through admission at trial.

What are the general types of evidence in the US and Canada?

Direct and circumstantial evidence are the two main types of evidence. As mentioned, direct evidence is based on the sense or perception of the witness, and circumstantial evidence is not based on perceptions.

What is direct evidence?

In civil or criminal proceedings, direct evidence refers to valid forms of proof. For instance, if you witness someone committing a felony, your testimony is direct evidence. Videos of the incident or eyewitness testimonies are other examples of direct evidence.

Examples of direct evidence:

• Ballistics evidence from a gun used in a crime
• Security footage or audio recordings of the person committing or admitting to the crime
• Fingerprints at the crime scene
• Eyewitness testimony
• Direct digital evidence, such as a video that shows the crime occurring

What is circumstantial evidence?

State and federal laws allow prosecutors to convict a defendant based on circumstantial evidence alone in the US. As the name suggests, circumstantial evidence is not drawn from direct observation of a crime. This type of evidence suggests that a fact is true without directly proving it.

There are many types of circumstantial evidence, including fingerprints found at the scene, harassing emails or internet history, audio recordings, and so on.

Examples of circumstantial evidence:

• Patterns such as past hostility or habits
• Opportunity
• The means to commit a crime
• Relevant skills
• Actions after the crime, such as flight, lying to police, or destroying evidence
• Knowledge of the crime
• Past history of violence

What does admissible evidence mean?

Admissible evidence refers to evidence that you present to a judge or jury for them to decide the case. In the US and Canada, it is up to the judge to determine the admissibility of evidence based on value, authenticity, and relevance. Because of that, for evidence to be admissible in court, it must be factual, authentic, and relevant to the case.

That raises the question:

What are the standards of proof?

Proof differs from evidence in that it is a conclusion that specific facts are true or false. Evidence, on the other hand, is data that assists in decision-making. "Standard of proof" refers to the degree to which an individual must prove his or her case. There are three primary standards of proof:

• Clear and convincing evidence. Evidence that is highly likely to be true. For example, if a security camera captures you committing a crime, the prosecution has clear and convincing evidence.
• Preponderance of the evidence. Used in civil proceedings, this standard requires the party with the burden of proof to convince the court there is at least a 50% chance the claims are true. Comparative-fault rules apply a similar threshold: in some states, a driver found more than half at fault for a crash must compensate the other party.
• Proof beyond a reasonable doubt. This is the standard the prosecution must meet to convince the court that the accused is guilty.

What is inadmissible evidence?

Inadmissible evidence refers to evidence that prosecutors cannot use to prove a claim. Some examples include hearsay or irrelevant witness statements.

How is evidence introduced during the trial?

Apart from witness testimony, you must take the following steps to introduce evidence:

• Prepare the evidence and mark it as an "exhibit." You may collect or discover evidence via depositions, document production, requests to admit, interrogatories, and physical or mental examinations. To compel the other party to produce evidence, you may use a subpoena to testify, a discovery request, or a subpoena to produce documents.
• Authentication. If there is a witness, the witness must view and authenticate the evidence.
• Establish a chain of custody to ensure that the evidence was not contaminated between the time of the incident and trial.

The purpose of establishing "chain of custody of evidence" is to verify that every transfer was documented from the moment of evidence collection. In other words, the evidence collected must be the same evidence when presented in court. If someone tampered with evidence, it may not be admissible in court.

This may make or break your case, so we recommend reading more about spoliation of evidence here.

What are the seven forms of evidence?

You may break down circumstantial and direct evidence into the following forms.

• Physical evidence. May include the murder weapon, fingerprints, blood, or other physical items relevant to the case.
• Documentary evidence. Refers to writings, photographs, and similar records.
• Demonstrative evidence. Refers to visual aids such as sketches, diagrams, and charts.
• Direct evidence. Refers to evidence that links the accused directly to a crime, such as eyewitness accounts, surveillance footage, or a recorded confession.
• Statistical evidence. Refers to numeric data that may help prove guilt or innocence.
• Testimonial evidence. Refers to statements made by a witness under oath, whether given live at trial or through a deposition or affidavit.
• Digital evidence. Refers to evidence stored on electronic devices, including computers or mobile phones.

Other types of evidence that may or may not be admissible include:

• Hearsay
• Corroborating evidence, which authenticates or confirms other evidence
• Expert witness testimony
• Trace evidence, such as hair, pollen, paint, or dirt
• Forensic evidence, such as DNA
• Character, impression, or habit evidence

What is exculpatory evidence?

If you are accused of a crime, exculpatory evidence refers to evidence that may exonerate you.

Under the Brady Rule, prosecutors must disclose material exculpatory evidence to the defense. A federal judiciary report on the treatment of Brady material explains how district courts implement that duty through their local rules. For instance, Delaware's Superior Court Criminal Rule 16(c) states, in part:

"If before or during the trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, such party shall promptly notify the other party or that other party's attorney or the court of the existence of the additional evidence or material."

What happens if the prosecution does not disclose exculpatory evidence?

Under the Brady rule, if the prosecution fails to fulfill its obligation to notify the other party of existing evidence, depending on state law, prejudice has ensued.

Brady Rule. What to remember:

• Prosecutors must share evidence that may prove the innocence of the defendant.
• Prosecutors must share evidence that may serve to reduce the sentence of the accused.
• "Brady cops" refers to police officers with a documented history of dishonesty, such as falsifying reports or fabricating evidence, whose credibility issues prosecutors must disclose to the defense.

Note. Tampering with evidence is a misdemeanor or felony, depending on state law. Also, to prove a Brady violation, you must demonstrate the following elements:

• The evidence that the prosecutor failed to disclose is or was favorable to the defendant.
• The prosecutor or officer intentionally or willfully withheld the evidence.
• The accused suffered prejudice in their defense because of the prosecution's failure.

What happens if someone tampers with evidence?

Tampering with evidence is a broad concept that refers to actions aimed at concealing a crime. To prove it, prosecutors must show that the accused willfully or purposefully interfered with evidence, the accused knew or should have known that the action would have a specific result, the evidence was relevant to the case, and that the individual was aware of an existing investigation.

Florida's evidence code addresses how an evidentiary ruling, including one involving tampered or improperly admitted evidence, can affect an appeal. Florida Statute 90.104, Rulings on evidence, states:

"A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and: (a) When the ruling is one admitting evidence, a timely objection or motion to strike appears on the record, stating the specific ground of objection if the specific ground was not apparent from the context; or (b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked."

In other words, tampering with evidence or obstruction of justice in some states may result in a case dismissal or a new trial.

Grounds that may lead to criminal case dismissal

• Lack of sufficient evidence to show probable cause.
• Lost or tampered evidence.
• Missing witnesses.
• Failure of the arresting officer to read or give you your Miranda rights.
• Improperly obtained evidence.

What is it called when evidence is tampered with?

In the US, destroying, altering, or hiding evidence is known as spoliation of evidence. To prove that someone tampered with evidence, prosecutors must prove beyond a reasonable doubt that the act was deliberate. Meaning, depending on state law, you may not face charges for accidental tampering.

What is the penalty for tampering with evidence?

The facts presented and state law determine if the crime is a felony or misdemeanor. For misdemeanor offenses, the penalty is a maximum of one year in jail.

For professionals, a conviction may mean suspension or revocation of your professional license.

On the federal level, felony tampering with evidence to obstruct a federal investigation is punishable under 18 U.S.C. Section 1519 by up to twenty years in prison and a fine.

What is the difference between evidence and fact?

As mentioned, evidence refers to data that indicates if a claim or belief is true or false. Fact, on the other hand, refers to a provable truth. You can destroy or tamper with evidence, but you cannot destroy a fact.