Upload
ems-a-molina
View
215
Download
0
Embed Size (px)
Citation preview
7/28/2019 The Logic of Evidence - Report EMS
1/3
proof to
support an
assertion
of fact
made by
one of the
parties.
Evidence
can be in
the form
of witnesstestimony
during the
trial, such
document
ary
evidence
as medical
records or
corporate
records, or
such
tangibleobjects as
a weapon
or bloody
article of
clothing.
Not all
evidence
is
admissibl
e at trial.
EVIDEN
RELEVA
7/28/2019 The Logic of Evidence - Report EMS
2/3
Relevancy is the logical connection that one thing has
to another.
Evidence is relevant if it sheds light on a contested
matter or if reasonable inferences can be drawn fromthe evidence regarding a fact or issue
It refers to the
tendency of the
evidence to establish
the proposition that it is
offered to prove.
It has to do with how
much WEIGHT one is
willing to give the
evidence offered
Probative
Evidence is material if it is
offered to prove or disprove
a specific fact in issue.
Thus, evidence is material
if it relates to one of the
particular elements
necessary for proving or
disproving a case.
Materiality has to do withthe relationship between
evidence and the issues
raised at trial.
Read more:
HYPERLINK "http://www.ehow.com/about_5417733_material-evidence.html" \l "ixzz2g79ENPVj"
Materiali
http://www.ehow.com/about_5417733_material-evidence.html#ixzz2g79ENPVjhttp://www.ehow.com/about_5417733_material-evidence.html#ixzz2g79ENPVj7/28/2019 The Logic of Evidence - Report EMS
3/3
The Logic of Evidence: The Problem of Relevance
Q: Important points in regard to relevance
1.) Relevance may determine whether or not evidence is to be admitted
2.) Whether or not proffered evidence is relevant for the judge to determine,
applying the principles of logic
Q: When is evidence relevant?
A: When it tends to increase or decrease the chance of any fact of consequence to
the determination of action being true or false.
Further notes:
Material evidence can be either direct or circumstantial.
Direct Evidence
Direct evidence is evidence that if believed by a judge or jury establishes the
proposition for which it is offered. Direct evidence comes from someone's personal
observation or knowledge and can prove the issue at hand without any additional
presumption or inference.
Example: surveillance video of a person robbing a bank or a tape recorded
confession by a suspect.
Circumstantial Evidence
Circumstantial evidence requires a judge or jury to make an inference to establish
the proposition that evidence is offered is proof of an assertion of fact.
Example: A witness testifying that he saw a person charged with murder standing
over a body holding a bloody knife - this evidence would require a judge or jury to
infer that the person holding the bloody knife committed the murder.