Any evidence that is used to support a case or claim is allowed in court. Even though either party can file a motion of limine to prevent certain evidence from being presented in the court, there is always the opportunity to fight the motion. One method of fighting a motion would be to present a previous case that defines the importance of the evidence; this would be where a legal attorney may be important. Evidence is the most crucial part of a trial for either side of the case because it allows the people involved to provide a clear and concise explanation of the events leading up to that point. Every case is handled on a case-by-case basis and the stakes are very different. Cases can be determined with testimony, documents, or tangible evidence.
Evidence in Criminal Cases
A criminal case literally has someone’s life at stake. Let’s say that a father took his daughter on a camping trip where the daughter falls to her death off the edge of a cliff. No one was around when it happened, but now the camp owner is saying that the father was the last person to be with her and he was angry during their last interaction. Now the father is facing life in prison for involuntary manslaughter — a charge brought on him by the state. The weather and the rate of decomposition made it difficult to determine the time of death, but there is bruising by the left shoulder under the collar bone consistent with the bottom of a hiking stick found in the father’s possession at the time of his arrest. The father was found sleeping in his tent on the camping grounds, oblivious that his daughter was dead at the bottom of a forty foot cliff. Did he do it? Possibly, but the person who brings forward the best evidence with the best argument and the explanation of the case will win. The burden of proof to convict the father in this case would have to be “without a reasonable doubt.”
Evidence in Civil Cases
A civil case that would require the most evidence for the best results would be a divorce. Although some couples can come to a mutual agreement before the process begins, the process can become somewhat more complicated when the divorce is one with children. Children make it difficult to create an equal balance where both parents feel completely involved. On the other hand, there are some adults who would rather not be involved at all and want no custody of the child. Whatever the disagreement may be, the evidence will weigh heavily on the decision. Evidence can be images, text messages, or incident reports and can all be valuable to completing the case. Documenting the events that lead up the divorce will be beneficial to providing the proper support for the person’s claims and credibility.
If a person is fatally shot during a robbery and there is only one weapon on the scene, that weapon would be considered tangible evidence. The investigators can physically touch the object and transport it to a lab for further testing. In a fatal robbery attempt, the gun would be a pertinent artifact if it is found to match the fatal injury. An article of clothing would also meet the criteria. Tangible evidence is anything that can be physically held.
Anything can be evidence as long as it supports a claim. Testimony, document, or tangible evidence can all be admissible in court and used by anybody. Attorneys take the time to gather all the evidence prior to a court and make sure that they build the best case possible. Whether you know what evidence is necessary for your case or not, consulting with a criminal defense lawyer, such as a criminal defense lawyer in Dallas, TX, can be a valuable experience.
Thanks to Brandy Austin Law Firm, PLLC for their insight into what kind of evidence is allowed in court.