51 lines
5.6 KiB
Markdown
51 lines
5.6 KiB
Markdown
---
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title: "Evidence"
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chunk: 5/5
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source: "https://en.wikipedia.org/wiki/Evidence"
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category: "reference"
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tags: "science, encyclopedia"
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date_saved: "2026-05-05T09:55:48.385077+00:00"
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instance: "kb-cron"
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---
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In law, the production and presentation of evidence depend first on establishing on whom the burden of proof lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law. The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution in criminal cases and the plaintiff in civil cases. The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubt, the latter considering only which side has the preponderance of evidence, or whether the proposition is more likely true or false.
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The parts of a legal case that are not in controversy are known, in general, as the "facts of the case." Beyond any facts that are undisputed, a judge or jury is usually tasked with being a trier of fact for the other issues of a case. Evidence and rules are used to decide questions of fact that are disputed, some of which may be determined by the legal burden of proof relevant to the case. Evidence in certain cases (e.g. capital crimes) must be more compelling than in other situations (e.g. minor civil disputes), which drastically affects the quality and quantity of evidence necessary to decide a case. The decision-maker, often a jury, but sometimes a judge decides whether the burden of proof has been fulfilled. After deciding who will carry the burden of proof, the evidence is first gathered and then presented before the court:
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==== Collection ====
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In a criminal investigation, rather than attempting to prove an abstract or hypothetical point, the evidence gatherers attempt to determine who is responsible for a criminal act. The focus of criminal evidence is to connect physical evidence and reports of witnesses to a specific person.
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==== Presentation ====
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The path that physical evidence takes from the scene of a crime or the arrest of a suspect to the courtroom is called the chain of custody. In a criminal case, this path must be clearly documented or attested to by those who handled the evidence. If the chain of evidence is broken, a defendant may be able to persuade the judge to declare the evidence inadmissible.
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Presenting evidence before the court differs from the gathering of evidence in important ways. Gathering evidence may take many forms; presenting evidence that tends to prove or disprove the point at issue is strictly governed by rules. Failure to follow these rules leads to any number of consequences. In law, certain policies allow (or require) evidence to be excluded from consideration based either on indicia relating to reliability, or broader social concerns. Testimony (which tells) and exhibits (which show) are the two main categories of evidence presented at a trial or hearing. In the United States, evidence in federal court is admitted or excluded under the Federal Rules of Evidence.
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==== Burden of proof ====
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The burden of proof is the obligation of a party in an argument or dispute to provide sufficient evidence to shift the other party's or a third party's belief from their initial position. The burden of proof must be fulfilled by both establishing confirming evidence and negating oppositional evidence. Conclusions drawn from evidence may be subject to criticism based on a perceived failure to fulfill the burden of proof.
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Two principal considerations are:
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On whom does the burden of proof rest?
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To what degree of certitude must the assertion be supported?
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The latter question depends on the nature of the point under contention and determines the quantity and quality of evidence required to meet the burden of proof.
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In a criminal trial in the United States, for example, the prosecution carries the burden of proof since the defendant is presumed innocent until proven guilty beyond a reasonable doubt. Similarly, in most civil procedures, the plaintiff carries the burden of proof and must convince a judge or jury that the preponderance of the evidence is on their side. Other legal standards of proof include "reasonable suspicion", "probable cause" (as for arrest), "prima facie evidence", "credible evidence", "substantial evidence", and "clear and convincing evidence".
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In a philosophical debate, there is an implicit burden of proof on the party asserting a claim, since the default position is generally one of neutrality or unbelief. Each party in a debate will therefore carry the burden of proof for any assertion they make in the argument, although some assertions may be granted by the other party without further evidence. If the debate is set up as a resolution to be supported by one side and refuted by another, the overall burden of proof is on the side supporting the resolution.
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==== Specific types ====
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Digital evidence
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Physical evidence
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Relationship evidence
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Testimonial evidence
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Trace evidence
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== See also ==
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== References ==
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== External links ==
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Evidence at PhilPapers
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Zalta, Edward N. (ed.). "Evidence". Stanford Encyclopedia of Philosophy. ISSN 1095-5054. OCLC 429049174.
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Fieser, James; Dowden, Bradley (eds.). "Evidence". Internet Encyclopedia of Philosophy. ISSN 2161-0002. OCLC 37741658.
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Evidence at the Indiana Philosophy Ontology Project
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ASTM E141 Standard Practice for Acceptance of Evidence Based on the Results of Probability Sampling
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"Evidence" . Encyclopædia Britannica (11th ed.). 1911. |