real evidence | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Evidence Law

Real evidence is physical evidence that is presented in a court of law, such as a weapon or a piece of clothing, that is directly related to the case and can be examined by the court or a jury.


Real evidence is a type of physical evidence that is presented in a court of law to support or refute a legal claim. This evidence can take many forms, such as weapons, documents, photographs, or physical objects like a piece of clothing or a tool.

The purpose of real evidence is to provide the court or jury with tangible, concrete evidence that can be examined and evaluated in order to determine the truth of a legal claim. Unlike other types of evidence, such as testimony or hearsay, real evidence can be physically inspected and tested, and can provide a direct link between the alleged crime and the defendant.

Real evidence can be particularly important in criminal cases, where physical evidence like DNA samples or fingerprints can help to establish a link between the defendant and the alleged crime. In these cases, real evidence can be used to prove or disprove elements of the crime, such as the identity of the perpetrator, the method of the crime, or the intent of the defendant.

In addition to its evidentiary value, real evidence can also be used to illustrate or demonstrate key aspects of a legal claim. For example, a weapon or a piece of clothing might be used to show how a crime was committed, or to illustrate the nature or severity of an injury suffered by a victim.

The use of real evidence in a court of law is subject to certain rules and procedures designed to ensure fairness and accuracy in the legal process. For example, real evidence must be properly authenticated in order to be admissible in court, and must be handled and stored in a way that preserves its integrity and prevents tampering.


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Last Modified: 03/14/2023

 

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