​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​the Courtroom
Main Areas of Digital Evidence
The evidence found and presented by a party within the courtroom can be classified in many different terms. Most evidence, however, is put into categories based upon the facts it proves, the law it is governed by, and the form it takes. There are 7 major types of classifications for evidence which are described in more detail below.
​Circumstainal Evidence
Circumstantial evidence according to USLegal.com is "indirect evidence which creates an inference from which a main fact may be inferred." The main reason why this type of information is used is to prove whether evidence is existent or non-existent as an issue within the case.
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All evidence that is categorized as circumstantial evidence is being used to suggest that the defendant is guilty, making this the most common form of evidence used in any court case today.
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Examples of this evidence would include; a receipt of a knife, therefore inferring that the person committed the crime using the knife. Although items involved in crimes are used within this category it does not include eye-witness accounts. This particular fact about circumstantial evidence makes it more likely to be identified by police or investigators.
Direct Evidence
Police use information given to them by witnesses in almost every case that takes place in today's justice system. This type of evidence is known as direct evidence. Direct evidence consists of not only physical evidence of a crime but also documentary evidence.
The most commonly seen example of direct evidence is physical evidence of a crime. This aspect of direct evidence describes any event that is "perceived with one of the five senses" according to Pavel Gladyshevl author of "Formalizing Event Reconstruction in Digital Investigators." This can include someone who witnessed the crime or someone who partook in the crime and admits guilt to put the case to a close. Dependent on the witness who presents the information this type of evidence can have a different degree of weight within a case. Evidence such as this makes it easier for jurors to believe that the defendant committed the crime without having to infer as much.
Hearsay Evidence
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As stated by Gladyshevl "The rule against hearsay says that any assertion of fact other than one made by a person while giving oral evidence in the court proceedings is inadmissible as evidence of any fact asserted." This rule applies not only to oral communication given outside of court proceedings but also evidence such as photographs, video surveillance. and digital information stored or shared between computers. This type of evidence is being more widely seen as technology has begun to play more of a role in the lives of people.
There are some specific exceptions to this rule but it is dependent upon credibility of the witness. Although out of court photographs, videos, and digital information are not admissible, documentary evidence is. This type of evidence is in the form of printed documents.
Testimonial Evidence
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In the United States, the routine of being under oath when offering testimony in the courtroom is seen as an aspect of the court process. The main form of evidence that is collected by these means is known as testimonial evidence. This type of evidence, can be defined as "any oral or written statement made on oath or an affirmation for the purpose of legal proceedings." Most commonly this is one of the only types of evidence, within the courtroom, that can be used without means of admissibility. Evidence such as this, is used mainly for the purpose of a witness speaking directly to the jurors to sway their opinion of the case in one way or another.
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A special form of testimony is known as expert evidence. When questions occur regarding specifics of a case an expert is called to offer their professional knowledge on the given case. This individual could be called by either parties within the court room but, is most frequently used by the prosecution.
Inculpatory & Exculpatory Evidence
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Evidence within a trial can also be classified by what function it has. This function will either play a role in helping or hurting the case. Inculpatory and exculpatory evidence are two types of evidence that are directly responsible for being able to prove or disprove integrity of a piece of evidence according to Paval's findings.
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Inculpatory evidence is evidence which is used to prove the guilt of a party within a courtroom. While exculpatory evidence is used to prove innocence of parties within a courtroom. Evidence within a courtroom that falls under neither of these categories is likely to be labeled as irrelevant in the courtroom "
"...because it doesn't support either sides of the argument."
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Real Evidence
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​"Real evidence is a thing the existence or characteristics of which are relevant and material.." A majority of real evidence presented to prosecutors is in relation to a case in some form. For example, if a murder has taken place and a knife covered in blood is found in another room of the house in which the victim was killed, this can be used as real evidence.
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Just as any other type of evidence, real evidence must follow all three aspects before being admissible in the courtroom setting. These three aspects include relevance, material, and competence. The basis for which these basic characteristics are fulfilled is known as "laying a foundation." This process is only used dependent on the form and type of evidence offered.
