Why Are Evidence Rules Important

The Rules of Evidence

What are rules of evidence and why are they necessary in our legal system? Rules of evidence range from physical tangible items, audio and video to records logs and receipts that can show proof beyond a reasonable doubt that the person being accused of a crime is fact based. Even your DNA can make you a suspect or even the culprit. Evidence is like a double edged sword, it can hurt you if it is available and it can help you if lacking enough sufficient credible evidence cannot prove you are guilty of committing the crime. A few things at a minimum that are expected and to expand on rules or requirements for evidence to be admissible and used in the court system range from proof, presumptions, similar facts, the classification

“Historically, the requirement for proof beyond a reasonable doubt in a criminal trial has required proof whereby the fact finder would have “an abiding conviction, to a moral certainty, of the truth of the charge”” (Scheb & Scheb II, 2006, p. 194). With that being said, the prosecution is not allowed to make presumptions of the defendant using or having any items that are not or would not pertain to the case especially without the proper use of a warrant. Unless, “in criminal law, an irrebuttable presumption that provides, based on proof of one fact, that the fact finder (judge or jury) must conclusively find the existence of another fact is troublesome because it encroaches on a defendant’s due process right to have the prosecution prove the defendant guilty beyond a reasonable doubt” (Scheb & Scheb II, 2006, p. 194). An example of presumption would be, “a child younger than seven is presumed to be incapable of committing a felony. There are very few conclusive presumptions because they are considered to be a substantive rule of law, as opposed to a rule of evidence” ("Presumption - Wikipedia, The Free Encyclopedia,"

There are initially two main types of evidence real evidence, which is tangible evidence which means you can see it touch it such as a picture or a gun. Then there is testimonial evidence, where as to seeing or touching, someone is swearing an oath verbally or writing a sworn statement they have factual knowledge of a crime. Another category of evidence would be, direct evidence, this is where someone may be actually watching a crime happen or if a home or business has a close circuit video system to capture. Then there is indirect evidence, this type of evidence could possibly come from finding something such as finger prints. However, finding fingerprints could turn out to be circumstantial evidence. The reason that fingerprints can be circumstantial is one can say that there were fingerprints on the window or the dining room table and they turn out to be the cleaning ladies fingerprints and she cleaned the house earlier in the day. Under that circumstance, it would not rule her out, but would make it circumstantial at least temporarily because she belongs