Article Outline
Evidence, the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. Because American law is committed to a rational rather than a formalistic system of evidence, no value is assigned to the form or the quantity of evidence offered. Effectiveness is generally determined by how persuasive the evidence seems, especially to a jury.
In a few cases formal rules are enforced. Treason must be proved by the testimony of two witnesses, and in several states two witnesses are required for a perjury conviction. Some transactions, such as wills, transfers of land, and the sale of very valuable goods, must be evidenced by written documents.
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Law of Evidence in the U.S.
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American evidence law stems from historic English practice derived from the precedent of judicial decisions. Although U.S. federal courts and most states now have written legal codes, many rules for criminal cases still are found only in judicial interpretations of the U.S. Constitution.
Anglo-American evidence law contains more detailed rules of proof than do other legal systems. This is largely attributable to the historic practice of trial by jury, still prevalent in the U.S. Less strict rules of proof prevail in administrative agencies (for example, workers’ compensation boards) where juries are not used, as well as in trials before judges alone. The following are some of the detailed rules that must be addressed in a legal action.
The burdens of producing evidence on a given point and of persuading the judge or jury of its truth are assigned by law to one side or the other in a court trial. Best known is the rigorous requirement that the prosecution in a criminal case must prove the defendant's guilt beyond a reasonable doubt. Lesser burdens placed on other litigants typically involve proving their case by a preponderance of the evidence. Thus a person may be found not guilty of manslaughter for a death occurring in a traffic collision when guilt is not proved beyond a reasonable doubt. That person can, however, still be held liable for damages in a civil action for the same death, and on the same evidence, because negligence can be shown by a preponderance of the evidence.
Rules of admissibility determine which items of evidence judges or juries may be permitted to hear (or see or read). Modern codes declare that all “relevant” evidence should be admitted for consideration unless specifically excluded by law. Certain facts that are logically relevant and of considerable probative force are still not legally admissible evidence because of their supposed tendency to “confuse and mislead the jury.”
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