Types of Legal Evidence

Direct Evidence

• Seeing the offense being committed.

Circumstantial Evidence

• You saw the teacher with a bomb then heard an explosion in the classroom.  It is safe to say you saw the person who committed the crime.

Similar Fact Evidence

• Evidence showing the accused has committed similar offenses in the past.

Hearsay Evidence

• Evidence that someone other than the witness has said or written.  It is generally not admissible.
• No cross-examination of this evidence as witness cannot testify as to its truth.

Opinion Evidence (or expert testimony)

• What an expert thinks about facts in a case.

Photographs, Video or Tape Recordings

• Photos are allowed only to give accurate representation of a scene of a crime.
• Video/Audio tape is admissible if the person had no reasonable expectation of privacy.
• Wiretapping, Polygraph and Confessions

Voire Dire

• A trial within a trial to see if evidence can be shown to the jury.
• Judge asks jury to leave courtroom and listens to Crown and defence positions.
• Judge makes decision based on rules of evidence to determine if evidence is admissible.  Jury returns and trial continues.