In the court of law, evidence is king. Not all evidence, however, carries the same clout or authority. For Judge Mark Frankel, the law and evidence are his life and have distinguished his career. Over that esteemed career, however, Judge Frankel has also had to weigh many types of evidence.
That may seem like a simple undertaking at first glance until you realize – it’s not. Here is a look at just a few of the different types of evidence you might encounter in a court of law.
Physical Evidence
In many cases, referred to as real evidence, or in layman’s terms, hard evidence, physical evidence is a heavyweight. It is “the smoking gun,” so to speak, both literally and figuratively. Physical evidence can include exhibits such as fingerprints, DNA and blood samples, weapons, and other tangible items.
Direct Evidence
The only piece of evidence more damning than physical evidence is direct evidence. The purpose of direct evidence is to link the defendant to the crime. Eyewitness testimony is unquestionably the most powerful form of direct evidence, and when used with physical evidence, it presents a very compelling case.
Circumstantial Evidence
Without direct evidence or that aforementioned smoking gun, many cases rely on circumstantial evidence to prove guilt or innocence. One piece of circumstantial evidence alone bears little weight, but a series or multitude of circumstantial events can be a game-changer in the courtroom.
Trace Evidence
This is any form of residue or substance resulting from personal interaction used as evidence to put two or more people in proximity of each other. Types of trace evidence can include hairs, soil, gunpowder residue, or fibers, for example.
Digital Evidence
The expression of leaving a digital trail is also a convincing form of evidence today. From digital records like texts to cell phone location pings, many cases employ digital evidence to win verdicts, debunk alibies, or propose motives.
Character Evidence
It isn’t likely that any case will be won or lost on character evidence alone, but it is fair to say that character evidence can be persuasive and influence the outcome of a trial.
Expert Opinion Evidence
Doctors, forensic scientists, and others considered experts in their field of study are used to give expert witness testimony. Expert opinion is commonly used to either support or refute the results of forensic evidence or testimony.
Judging Evidence
While this is not an exhaustive list of all the types of evidence employed by prosecutors and defense attorneys, these are many of the common types of evidence you will encounter in the legal process. In addition to people judging the weight and value of the evidence, it often requires a judge to validate that evidence. In legal terms, this is called admissible and inadmissible evidence.
From determining the legality of evidence acquisition to helping sides find fair and amicable mitigation, Judge Mark Frankel is well-versed in types of evidence and the law. Evidence may be the king, but in the court of law, even the king must answer to the judge.
