Testimonial evidence
Testimonial evidence are spoken evidence made by witnesses under oath in court during court proceedings in a particular case. This type of testimony can be made by victims of incidents, suspects or witnesses who are not under oath during ongoing proceedings. Testimonial evidence are the most common form of proof and are used to explain other evidence in the case. From the point of view of the investigation, all testimonial evidence is not considered reliable until confirmed by other physical evidence or another witness testimonial evidence[1].
Testimonial evidence consist of[2]:
- Testimonies from preliminary hearings, court proceedings, previous trials and admission of guilt
- Statements from police interrogations
- Documents with the accusation of a crime committed sent to the police
- An objective witness statement made in circumstances leading to the recognition that the statement will be available for later use in the legal proceedings
In practice
For example, at the time of the violent attack, the victim appears, as well as other people who witnessed the incident. There may also be people who have heard the confusion and have seen the defendant accused. All these people are summoned as witnesses to testify about what they have seen or heard.
In addition to witnesses to the incident, there may also be evidence of a crime, such as fingerprints, weapon used, or bloodied clothing. The evidence facilitates linking the accused to the offender and proving his guilt. In order for the evidence to be admitted as a legal evidence, certain items must be documented in the confessions of the witnesses, who confirms that the evidence comes from the crime scene and explains their importance[3].
Usefulness of Testimonial evidence
Evidence from testimony is good when it works in the right way. When the testimony works well, belief based on testimonies is not the best substitute for direct evidence, and is often even better than a belief based on direct evidence. For the testimony to be useful, it must be truthful, competent, reliable, and a witness must be knowledgeable and conscientious[4].
Testimonial evidence proves or refutes pre-determined assumptions about a particular case. They include:
- identification of the accused by the witness
- presentation by the officer of the actions taken by the police during the investigation
- testimony of the accused, proving his guilt or cleansing him of the charges
- testimony of a professional witness with specialist knowledge about a specific area important in the case
Examples of Testimonial evidence
- In a criminal trial, the defendant’s testimony on the stand may provide evidence of their innocence.
- In a civil trial, a witness may provide testimony as to what they saw or heard regarding the incident in question.
- In a sexual assault trial, the complainant’s testimony may provide evidence of their experience.
- In a court of law, the testimony of a police officer may provide evidence of the facts of the case.
- In a divorce trial, the testimony of a child or family member may provide evidence about the events that led to the divorce.
Advantages of Testimonial evidence
Testimonial evidence can be advantageous in certain cases as it can provide an understanding of the events that occurred and provide insight into the mentality and emotions of those involved. Testimonial evidence can be used to explain otherwise difficult to understand evidence and provide a more complete picture of the incident. Some of the advantages of testimonial evidence include:
- It is often the only type of evidence available, as physical evidence may be limited or non-existent.
- It provides a more complete understanding of the events and circumstances surrounding the incident.
- It provides an insight into the emotions and mentalities of those involved.
- It can help confirm or deny other evidence in the case.
- It can provide context for the events that occurred.
- It can be used to establish the credibility of a witness or suspect.
- It can help establish a timeline of events and provide clarity on any discrepancies between various accounts.
Limitations of Testimonial evidence
Testimonial evidence can be unreliable due to the following limitations:
- It is inherently biased, as the witness may have an agenda or hold a particular opinion about the case that can influence the accuracy of the testimony.
- Memory can be an issue, as witnesses may not remember the exact details of an event or may forget certain facts.
- Witnesses may have difficulty understanding the questions posed to them, or may give false or misleading answers due to fear or confusion.
- Testimonial evidence can be affected by factors such as what witnesses heard or saw or the emotions they were feeling at the time of the event.
- Testimony can be influenced by outside influences such as media coverage or conversations with other witnesses.
- Witnesses may lie or exaggerate their testimony in order to protect or promote their own interests.
- Testimonial evidence can be difficult to verify, as other witnesses may not be available to corroborate the testimony.
- Hearsay evidence: This is evidence that has been relayed by a witness who was not present at the scene of the incident. It is not considered reliable due to the fact that it was not heard directly by the witness.
- Demonstrative evidence: This is evidence that is presented in the form of objects, photographs, videos, etc. It is used to demonstrate facts and provide visual evidence of the incident.
- Real evidence: This is evidence that is taken from the scene of the incident and can be used to prove the facts of the case. This includes items such as weapons, clothing, or other physical evidence.
- Circumstantial evidence: This is evidence that is based on indirect facts and is used to infer knowledge. This type of evidence is used to support other evidence in the case.
In conclusion, Testimonial evidence is one of the most common forms of proof used in criminal proceedings, but there are other forms of evidence that can be used to prove facts in a case. These include Hearsay Evidence, Demonstrative Evidence, Real Evidence and Circumstantial Evidence. Each of these can provide valuable insight into the events that occurred at the scene of the incident.
Footnotes
| Testimonial evidence — recommended articles |
| Material misrepresentation — Refusal letter — Procedural fairness — Personal ethics — Constructive fraud — Pendente lite — Group conformity — Judicial precedent — Interviewer bias |
References
- Buckles T., (2003), Laws of Evidence, "Delmar, Cengage Learning", p.63
- Dutelle A., (2011), An Introduction to Crime Scene Investigation, "Jones and Bartlett Publishers", p.14
- Hardwig J., (1991), The Role of Trust in Knowledge, The Journal of Philosophy, 88.12, p.698-700
- Newton S., Welch T., (2013), Understanding Criminal Evidence, Wolter Kluwer Law & Business, p.410
Author: Aleksandra Bizoń
