Reference no: EM132698242

1. Testimonial evidence is when a witness is testifying to prove a fact to the jury of an issue presented in court. Real evidence is concrete physical evidence that is displayed in court such as DNA, fingerprints, weapon, etc. Both evidence can be effective to prove a point to the jury and sway them your way whether it is the prosecution or the defense. Yes, this distinction is necessary from a legal standpoint as well as a common-sense point. Everyone who is gonna goes to court or is thinking to pursue a legal career should know this distinction because it will help them in the future. An attorney should know the distinction and to know which one is more reliable to use in court. Both evidence may be used in court but most of the time testimonial evidence from a witness or even the victim is not always accurate due to faded memories of the crime. Real evidence however is plain and simple. The lawyer presents the weapon with fingerprints of the criminal and shows it to the jury, the chances of being convicted are high.

2. Testimonial evidence is when someone is under oath. It is from people who witnessed the crime being committed. Real evidence is evidence you find that links someone to a certain crime. In a way, they both link someone to a crime. One is visual and hear say, and the other is hard core proof that that person was there even if nobody was around to see it. This distinction is necessary from a legal standpoint as well as a common-sense standpoint.

3. Testimonial evidence and Real evidence are different in nature, but can carry the same weight during trial proceedings. Testimonial evidence is anything that is said under oath during a testimony. This evidence can be a statement made by a witness who is brought to the stand for questioning or statements from the defendant. These statements that are made in court are considered testimonial evidence. "Real" evidence would be material evidence such as a weapon or legal documents.The distinction is necessary from both a legal and common sense standpoint. It is important for the judge and jury to be able to understand what evidence is being discussed, whether it is from the statements of those involved of the evidence from the case. Common sense also tells you that you should distinguish and separate these two forms of evidence. Since they are not technically the same they need to be treated and described accordingly.

4. Testimonial evidence and real evidence both must be relevant and material. However, testimonial evidence is a person's testimony offered to prove the truth of the matter asserted. While real evidence is often called physical evidence, consists of material items involved in a case, objects, and things the jury can physically hold and inspect. Yes, this distinction is necessary from a legal standpoint as well as a common-sense standpoint because real evidence is more hardcore and dependable while testimonial evidence is not always the strongest. Since testimonial evidence can be unreliable it is necessary to have them distinguish in order to provide justice to the case.

5. Testimonial evidence is defined as evidence given by a witness while testifying under oath or affirmation in a court proceeding; also may be used to refer to statements made in affidavits and depositions. In order for evidence to be presented by a witness, it must be testimony on stand. Anything that the witness says (verbally) it counts as a testimonial evidence. The witness is swearing to the truth and must be honest in presenting a testimony.

Real evidence - is defined as physical evidence such as clothing or a knife that itself plays a direct part in the incident in question. There must be documented evidence. This includes pictures, physical items, documents, and drawings/charts.

This distinction is necessary from a legal standpoint as well as a common-sense standpoint because it shows reasoning behind what is presented to the court. If you have a witness, they are swearing under oath to claim the truth, where you have real evidence (physical evidence) of what happened during the crime scene. Real evidence comes into play of the reliability on how necessary it is for the case. Whereas the testimonial evidence may also be unrealiable, that is when the real evidence is always important.