Proof is an essential requirement whether you are fighting a civil case or a criminal one; it plays a vital role in determining of the offender. In the grand scheme of things, presenting evidence holds a great percentage in helping the judge and jury decide which direction their decision should be bent towards.
When you talk about proof in the court of law it is what is needed to ensure that the argument being put forth is being backed by something tangible – something that can be proven either through visual, textual or audio evidence. It is this proof that determines where the offender stands in the eyes of the judge and the jury.
In order to ensure that the information you are collecting is either relevant or not you have to understand the different categories of proof. These are:
- Contingent proof and
- Undeviating Proof.
The first means the evidence that is collected but has to be assessed in order to make the connection between the crime and criminal. The latter on the other hand is the direct proof that links back to the criminal.
What is Undeviating Proof?
As mentioned above undeviating or direct evidence is the one that directly links the criminal to the crime that has been committed. Hence if someone has been accused as guilty or not guilty, it is the direct evidence that allows the judge and jury to decide if that is so or not. They do not contemplate because the proof that is being presented directly presents them with either side of the story being told.
Another element that plays an important role in determining the veracityof the evidence being presented is the person presenting it. If the individual holds a significant position in the society then it is understood that their claims will hold more weight in the eyes of the judge and jury.
Examples of Undeviating Proof
There are ways in which it can be determined how such proof affects the case in court.The first one is technically known as bystandertestament. This is pretty self-explanatory. If someone has seen the crime being committed first hand while crossing a street then the testimony such a bystander presents is a very solid form of undeviating and direct proof.However, this is only true if the case that is being discussed in court is homicide, robbery or murder.
Another form of direct evidence is when proof is being presented in court in the form of audio or visual evidence. For example if someone is being charged for rape or molestation in a public place then the surveillance tape showing how it all happened is considered undeviating or direct evidence.
Hence, it can be concluded that presenting evidence in court plays a very important role. It helps the judge and the jury come up with a decision either in the favor of or against the person being convicted. Thus, when it comes to conviction, both are valuable in varying degrees, and a combination of both can play a very strong role in materializing any case.
Martha Hopkins is the author of this article. She refers to the experts at djpsolicitors.com to help people understand the difference between the two types of proof.