Real evidence is physical evidence directly related to a case, such as objects present at the scene of a crime, while demonstrative evidence consists of representations of physical elements. Real evidence is different from demonstrative evidence, which is often used in hearings.
Real evidence is a type of evidence often used in hearings or trials, which can be introduced in both criminal and civil cases. This type of evidence usually consists of items that were physically present at the scene of a crime or civil violation and that have a direct connection or impact on the case itself. Such evidence is in contrast to witness evidence which typically consists of the testimony of someone who was involved in or witnessed events related to a case. Actual evidence is a form of physical evidence, although it is different from demonstrative physical evidence which may be used in a hearing.
There are two basic categories of physical evidence that can be presented to a judge or jury: real evidence and demonstrative evidence. Real evidence consists of objects that are directly related to a case and that were present and involved in the events discussed during a hearing or trial. For example, in a murder trial, the prosecution may want to present a weapon used to kill the victim, crime scene photographs, pictures of injuries on the victim, and a wristwatch that was left behind by the perpetrator.
Assuming every piece of evidence was admitted at the hearing, which often depends on the reliability and validity of the evidence, then some of this stuff would be actual evidence. The murder weapon and the wristwatch would both be examples of real evidence. Both of these items were physically present at the scene and are being presented in the courtroom as items to be regarded as evidence. Photographs and any other evidence relating to these objects would however not be actual evidence and would likely fall into the category of demonstrative evidence.
Demonstrative evidence is a type of physical evidence that consists of images or representations of physical elements present in the commission of a crime or civil violation. In the example above, the photographs of the crime scene and of the wounds on the victim’s body would both be demonstrative evidence since they are not the physical objects themselves. If the defendant’s skin cells were found on the wristwatch, then that evidence would have been presented by an expert who would explain how they were found and matched to the defendant. The watch itself would be real evidence, but the evidence presented by the experts would be testimonial, not physical.
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