Types of Evidence and Their Validity
This page delves into the validity of different types of evidence used in criminal proceedings, including physical evidence, expert testimony, and witness accounts.
Physical Evidence:
Physical evidence is considered valid when properly collected, transferred, stored, and analyzed by qualified personnel. The Crown Prosecution Service (CPS) in the UK vets evidence to ensure it passes the 'Evidential Test' of the Full Code Test.
Example: Continuity of evidence is crucial for maintaining the validity of physical evidence. For instance, a DNA sample must be properly sealed, labeled, and documented from the crime scene to the laboratory to ensure its admissibility in court.
Expert Evidence:
Expert testimony is generally regarded as having good validity due to the objectivity and experience of the experts. However, it's important to note that experts can make mistakes or be influenced by concerns for their reputation.
Vocabulary: Admissibility of evidence in criminal proceedings UK refers to the legal standards that determine whether evidence can be presented in court.
Witness/Testimonial Evidence:
The validity of witness testimony can be affected by various factors, including:
- Mistaken identity
- Leading questions
- Memory erosion
- Weapons focus
- Discussion of events with others
Example: The Innocence Project has demonstrated how mistaken eyewitness identifications have led to wrongful convictions, highlighting the importance of critically examining witness testimony.
