Types of Evidence Used in Criminal Cases
Some evidence is more persuasive than others. The following types might be used by the prosecution to try to convict someone, or a knowledgeable criminal defense lawyer like the professionals at Browning & Long may rely on this information to defend them.
Eyewitness Testimony
First-hand accounts are often a critical element in criminal cases. Witnesses who were present at the scene of the alleged crime provide details of what they observed. While eyewitness testimony can be powerful, it’s not always completely reliable due to factors like stress, memory bias, and the fallibility of human perception. A criminal defense attorney may be able to challenge their testimony in cross-examination.
Physical Evidence
Physical evidence encompasses a wide range of tangible items that a prosecutor can introduce in court to attempt to prove a defendant's guilt. This category includes the following:
- Weapons used in the commission of a crime, such as firearms or knives, can serve as compelling physical evidence.
- Fingerprints found at the scene of a crime can link a defendant to the location and potentially the criminal act.
- Trace evidence—including microscopic materials such as hair, fibers, or soil—provides clues about a suspect's presence at a particular location.
- DNA analysis may establish a direct link between a suspect and a crime scene or victim.
Documentary Evidence
This includes written or recorded materials that can be presented to support a case. Documentary evidence is often subject to authentication procedures to ensure its validity in court.
This category covers a wide range of documents. Bank statements, tax records, financial documents, and correspondence can be used to demonstrate financial transactions or patterns of criminal activity relevant to the case. In cases involving white collar crimes, written agreements, contracts, and forged documents can be crucial pieces of evidence.
Digital Evidence
Electronic communications demonstrate a digital trail of evidence, including text messages, emails, and social media posts. Hard drive data and surveillance footage are other types of digital evidence that the prosecutor or criminal defense lawyer presents at a trial.
Demonstrative Evidence
Charts, maps, diagrams, and crime scene layouts are types of demonstrative evidence used in criminal cases when a witness is testifying.
Confession
If the defendant confessed to committing the crime or made other incriminating statements to the police, this evidence may be used against them in court. However, their statements may be inadmissible if they weren’t given their Miranda warnings or if police officers continued questioning them after they exercised their right to remain silent.
Expert Testimony
Expert witnesses have specialized knowledge, training, or experience in a particular field relevant to a criminal case. Attorneys use expert testimony to help the court understand complex scientific, technical, or medical issues.
Examples of expert testimony include forensic experts, medical professionals, psychologists, and forensic accountants. Expert witnesses can offer insights and interpretations that can significantly impact the outcome of a case and are frequently used by criminal defense attorneys to challenge the prosecution's evidence against their clients.
Alibi Evidence
An alibi is a criminal defense strategy in which the defendant asserts that they weren’t present at the crime scene when it occurred. Alibi evidence may include witness statements, surveillance footage, cellphone records, or other records that support the accused's claim of being in a different location at the time of the alleged offense.
How Forensic Evidence is Used in North Carolina Criminal Cases
Forensic evidence plays a crucial role in many criminal defense cases. Usually considered a form of direct evidence, it involves the application of scientific techniques and principles to analyze physical evidence. Here's a more detailed look at the types of forensic evidence commonly used.
DNA
DNA evidence is used to establish a direct link between a suspect and a crime scene or victim. It can also help identify unknown individuals through DNA databases.
DNA evidence can also be used in an accused's defense. A criminal defense lawyer may be able to challenge the validity of the DNA evidence issued by the prosecutor or may use it to prove a defendant's innocence.
Fingerprints
Fingerprint comparison is a standard forensic technique that matches latent prints found at a crime scene to known individuals.
Ballistics
Ballistics experts examine firearms, bullets, and cartridge cases to determine if they match the weapon used in a crime.
Toxicology Reports
In cases involving drug-related offenses or poisoning, toxicology reports reveal the presence of specific substances in a victim’s body.
Autopsy Reports
In cases of suspicious deaths or homicides, autopsies conducted by forensic pathologists provide valuable information about the cause of death.
Bloodstain Pattern Analysis
Bloodstain patterns are crucial evidence that offers insights into the sequence of events at a crime scene.
Digital Forensics
Digital forensics experts analyze electronic devices, such as computers and smartphones, to recover data that may be relevant to a case.
