Wednesday, February 12, 2020

Criminal Evidence Essay Example | Topics and Well Written Essays - 750 words - 1

Criminal Evidence - Essay Example For physical evidence it can be the weapon used to commit the crime for instance murder weapons if the crime was murder. DNA samples are also another form of physical criminal evidence as well as video footage. Criminal evidence can also be classified into either direct or circumstantial evidence. Direct evidence refers to evidence that is directly linking the defendant to the crime without leaving doubts for instance video footage. On the other hand, circumstantial evidence is evidence that suggests that the defendant committed the crime he or she is being accused of for instance a vehicle fitting description of a witness (Andrews, 1987). Both direct and circumstantial evidence are both acceptable in a criminal case in determining the verdict. None can be said to be more reliable than the other based on the argument that even direct evidence can be made to look like circumstantial evidence (Andrews, 1987). The major difference in the two type of evidence is the motive. While direct evidence is geared towards linking the defendant directly to the crime, circumstantial evidence links him or her indirectly. When a crime is reported, the police rush to the crime scene and secure the place as they look for evidence. They search the whole place and secure the necessary evidence which is then presented at the time of trial. Criminal evidence can also be obtained in court at the time of trial based on the confession made by the witnesses (Andrews, 1987). Moreover, when the defendant remains silent or does not respond to the question they are asked, the silence can be used as evidence to prove that he or she is guilty. For circumstantial evidence in most cases it is obtained in court when the plaintiff proves that the defendant had prior motive of committing the crime. For evidence to be accepted in court, it has to be valid. Evidence that can be rejected in court includes hearsay whereby the evidence is based on what

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