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Categories And Types Of Evidence And Their Use In The Courtroom

1551 words - 6 pages

IntroductionCriminal law is referred to as that branch of law concerned with crimes committedagainst the public authority. It is very different from civil law. An example is murder. It is veryeasy to put murder under civil law because it is a crime committed against another human beingbut the crime of murder is against the public interests. An example of civil crime is when aperson does not honor a contract.Criminal law can be substantial or procedural. Substantial criminal law is concerned withvarious crimes covered with the criminal code but procedural criminal law deals with theprosecution of the crimes mentioned under substantial criminal law. The sentencingrecommendations are also stipulated for various criminal crimes under procedural law.Prosecution under criminal codes can only be done when there is proof beyond a reasonableshadow of doubt that the person accused committed the said crime.Felonies, misdemeanors and treason are the three broad types of crimes that show incourt. Treason is seen as a crime that threatens the security of a nation and the well being of anation and this may explain why criminals charged with treason have such stiff and severepenalties. Under criminal law, misdemeanors are minor crimes but felonies are rather seriouscrimes and they are normally associated with mandatory sentences.How judges, parties and juries give out then closely inspect the different forms of proof ata court trial is all governed by the law of evidence. In a way, evidence forms an extension ofcriminal procedure. It also forms an extension of civil law. In the Unites States, the FederalRules of Evidence (FRE) are the rules the federal courts follow. Most of the laws of evidence areencompassed in the Federal Rules of Evidence. The Federal Rules of Evidence has played amajor role in the development of evidence law and most of this is attributed to its simplicity andbrevity.Types and Categories of Evidence used in Criminal LawThe writings, statements made by people who testify in court, objects that can be touchedor felt and any other things that can be used to support the nonexistence or existence of a givenfact are referred to as evidence. In law, it is the evidence presented in a court of law that is usedto prove a person's innocence or guilt depending on which side of the court proceedings theevidence is available to. Before lawyers go to court, they usually do a thorough preparation ofthe evidence by closely inspecting and analyzing the evidence that will be needed.Depending on the severity of the criminal act being argued in court, the case is analyzedin different ways. Different cases need different aspects of the case to be proven. The side filinga lawsuit and the defense analyze the case in more or less the same way. One of theconsiderations made is each and every one of the elements that are critical to prove a case or aclaim is determined as well as the elements needed to prove the defense to a claim or a caseagainst someone.All the...

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