Evidence In A Criminal Trial

In a criminal trial, the accused is presumed innocent until proven guilty. The accused is a person who is charged with a criminal offence. A charge is a formal statement saying that a person is accused of a crime. The charge against the accused is filed by the prosecutor. A prosecutor is a legal official who begins a legal proceeding against the accused.

The prosecutor indeed has the responsibility to prove the case against the accused. The accused did not have to prove anything to show that he did not commit the crime. This is because the accused has the presumption of innocence until proven guilty.

The prosecution therefore bears the responsibility to attest to the accusation against the accused even if the accused did provide evidence

The accused thus is entitled to the benefit of the doubt and acquitted of the crime.

The accused is, however, guilty of the offence if the judge finds that there is no reasonable doubt as to every elements of the crime including the identity of the accused as the criminal after weighing all the evidence against the accused.

The conviction or acquittal of the accused therefore depends on evidence. Evidence is the decisive factor in securing a conviction or acquittal. It is thus vital for the prosecution be sure of the charge against the accused so that the prosecution can identify what is required to be proved.

One of the main forms of evidence in the court of law is usually the testimony of a witness. A witness is a person who gives sworn testimony in the court of law. Testimony is a formal written or spoken statement, especially given in a court of law.

A witness is generally called to the court to testify about:

• an incident or a crime, particularly if the witness saw something about the incident or crime

• special knowledge or skill in a particular field or discipline, that is, an expert evidence

• reputation of a person, that is, a character