Original Evidence vs. Real Evidence

Attribute	Original Evidence	Real Evidence
Definition	First-hand evidence that has not been altered or tampered with	Evidence that exists in physical form, such as documents, objects, or recordings
Admissibility in court	May be subject to authentication and chain of custody requirements	Often considered more reliable and persuasive in court
Types	Includes original documents, photographs, videos, etc.	Includes physical objects, recordings, DNA samples, etc.
Collection process	May involve documenting, preserving, and analyzing evidence	May involve collecting, storing, and analyzing physical objects

Definition

Original evidence refers to evidence that is presented in its original form, such as a document or a photograph. This type of evidence is considered to be more reliable and trustworthy as it has not been altered or tampered with. On the other hand, real evidence refers to physical objects or materials that are presented as evidence in a case, such as a weapon or a piece of clothing.

Admissibility

Original evidence is generally more easily admissible in court compared to real evidence. This is because original evidence is usually easier to authenticate and verify, as it is in its original form. Real evidence, on the other hand, may require additional authentication and verification processes to ensure its reliability and admissibility in court.

Reliability

Original evidence is often considered to be more reliable than real evidence. This is because original evidence is less likely to be tampered with or altered, as it is presented in its original form. Real evidence, on the other hand, may be more susceptible to tampering or contamination, which can affect its reliability and credibility.

Preservation

Preserving original evidence is crucial in maintaining its integrity and reliability. Original evidence must be carefully stored and handled to prevent any damage or alteration. Real evidence, on the other hand, may require special preservation techniques depending on its nature, such as storing it in a controlled environment or using protective measures to prevent contamination.

Presentation

Original evidence is typically presented in court through witness testimony or through the submission of physical documents or photographs. Real evidence, on the other hand, is presented in court through the physical display of objects or materials, such as a murder weapon or a piece of clothing. The presentation of real evidence can have a more dramatic impact on the jury compared to the presentation of original evidence.

Corroboration

Original evidence can often be corroborated through other forms of evidence, such as witness testimony or expert analysis. This can help strengthen the credibility and reliability of the original evidence. Real evidence, on the other hand, may be more difficult to corroborate, as it is a physical object or material that may not have additional supporting evidence.

Chain of Custody

Both original evidence and real evidence require a proper chain of custody to ensure their integrity and reliability. The chain of custody documents the handling and transfer of evidence from the time it is collected to the time it is presented in court. This helps establish the authenticity of the evidence and prevents any tampering or contamination. Without a proper chain of custody, both original evidence and real evidence may be deemed inadmissible in court.

Conclusion

In conclusion, original evidence and real evidence have their own unique attributes and characteristics that make them valuable in a legal setting. Original evidence is often more easily admissible and reliable, while real evidence can have a more dramatic impact on the jury. Both types of evidence require proper preservation, presentation, and authentication to ensure their integrity and credibility in court.