Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth Truth can have a variety of meanings, from the state of being the case, being in accord with a particular fact or reality, being in accord with the body of real things, events, actuality, or fidelity to an original or to a standard, truth "behind" everything, the ontological truth. In archaic usage it could be fidelity, constancy or of an assertion. Giving or procuring evidence is the process of using those things that are either (a) presumed to be true, or (b) were themselves proven via evidence, to demonstrate an assertion's truth. Evidence is the currency by which one fulfills the burden of proof The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence.
Many issues surround evidence, making it the subject of much discussion and disagreement. In addition to its subtlety, evidence plays an important role in many academic disciplines, including science Scientific evidence is evidence which serves to either support or counter a scientific theory or hypothesis[citation needed]. Such evidence is expected to be empirical and properly documented in accordance with scientific method such as is applicable to the particular field of inquiry[citation needed]. Standards for evidence may vary according to and law The law of evidence governs the use of testimony and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law), adding to the discourse surrounding it.
An important distinction in the field of evidence is that between circumstantial evidence Circumstantial evidence indirectly proves a fact. It is evidence that requires or allows a trier of fact to make a deduction to conclude that a fact exists. This inference made from a trier of facts supports the truth of assertion . By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any intervening and direct evidence Direct evidence supports the truth of an assertion directly, i.e., without an intervening inference. Circumstantial evidence, by contrast, directly supports the truth of evidence, from which the truth of the assertion may be inferred, or evidence that suggests truth as opposed to evidence that directly proves truth. Many have seen this line to be less-than-clear and significant arguments have arisen over the difference.
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Burden of proof
Main articles: Legal burden of proof The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence and Philosophic burden of proofThe burden of proof is the burden of providing sufficient evidence to shift a conclusion from an oppositional opinion. Whoever does not carry the burden of proof carries the benefit of assumption. Whoever bears the burden of proof must present sufficient evidence to move the conclusion to their own position. The burden of proof must be fulfilled both by establishing positive evidence and negating oppositional evidence.
There are two primary burden-of-proof considerations:
- The question of on whom the burden rests.
- The question of the degree of certitude the proof must support. This depends on both the quantity and quality of evidence and the nature of the point under contention. Some common degrees of certitude include the most probable event, reasonable doubt Beyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there is no &, and beyond the shadow of a doubt Beyond the shadow of a doubt, or beyond a shadow of a doubt, is a standard of proof. The phrase means the issue in question is so obvious, or has been so thoroughly proven, that there can exist no doubt. Two possible interpretations of "Beyond a shadow" might refer, first,to the fact that doubt could be nowhere in the vicinity , or.
Conclusions (from evidence) may be subject to criticism from a perceived failure to fulfill the burden of proof.
Problems in evidence
The theory of evidence is a field wrought with dispute. Many of these disputes stem from the limits of human knowing, a field known as epistemology Epistemology or theory of knowledge is the branch of philosophy concerned with the nature and scope (limitations) of knowledge. It addresses the questions:. Possibly the most salient question of evidence is how, if, and what, one can know. (Or, in other words, the question is to what extent is it even possible to fulfill the burden of proof.) This is the question of evidence's limits. Some believe all evidence to be circumstantial Circumstantial evidence indirectly proves a fact. It is evidence that requires or allows a trier of fact to make a deduction to conclude that a fact exists. This inference made from a trier of facts supports the truth of assertion . By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any intervening, denying the possibility of direct evidence Direct evidence supports the truth of an assertion directly, i.e., without an intervening inference. Circumstantial evidence, by contrast, directly supports the truth of evidence, from which the truth of the assertion may be inferred.
To help deal with this problem, many fields have found it useful to talk about levels of evidence and certainty, particularly the field of law.
Evidence in science
Main article: Scientific evidence Scientific evidence is evidence which serves to either support or counter a scientific theory or hypothesis[citation needed]. Such evidence is expected to be empirical and properly documented in accordance with scientific method such as is applicable to the particular field of inquiry[citation needed]. Standards for evidence may vary according toIn scientific research evidence is accumulated through observations of phenomena that occur in the natural world, or which are created as experiments Experiment is the step in the scientific method that arbitrates between competing models or hypotheses. Experimentation is also used to test existing theories or new hypotheses in order to support them or disprove them. An experiment or test can be carried out using the scientific method to answer a question or investigate a problem. First an in a laboratory A laboratory is a facility that provides controlled conditions in which scientific research, experiments, and measurement may be performed. The title of laboratory is also used for certain other facilities where the processes or equipment used are similar to those in scientific laboratories. These notably include: or other controlled conditions. Scientific evidence Scientific evidence is evidence which serves to either support or counter a scientific theory or hypothesis[citation needed]. Such evidence is expected to be empirical and properly documented in accordance with scientific method such as is applicable to the particular field of inquiry[citation needed]. Standards for evidence may vary according to usually goes towards supporting or rejecting a hypothesis A hypothesis is a proposed explanation for an observable phenomenon. The term derives from the Greek, ὑποτιθέναι – hypotithenai meaning "to put under" or "to suppose." For a hypothesis to be put forward as a scientific hypothesis, the scientific method requires that one can test it. Scientists generally base.
One must always remember that the burden of proof is on the person making a contentious claim. Within science, this translates to the burden resting on presenters of a paper, in which the presenters argue for their specific findings. This paper is placed before a panel of judges where the presenter must defend the thesis against all challenges.
When evidence is contradictory to predicted expectations, the evidence and the ways of making it are often closely scrutinized (see experimenter's regress In science, experimenter's regress refers to a loop of dependence between theory and evidence. In order to judge whether evidence is erroneous we must rely on theory-based expectations, and to judge the value of competing theories we rely on evidence, but to detect errors in experiments we must be aware of theoretical predictions, etc. Cognitive) and only at the end of this process is the hypothesis rejected: this can be referred to as 'refutation In informal logic an objection , is a reason arguing against a premise, lemma or main contention. An objection to an objection is known as a rebuttal of the hypothesis'. The rules for evidence used by science are collected systematically in an attempt to avoid the bias A cognitive bias is the human tendency to make systematic errors in certain circumstances based on cognitive factors rather than evidence. Such biases can result from information-processing shortcuts called heuristics. They include errors in judgment, social attribution, and memory. Cognitive biases are a common outcome of human thought, and often inherent to anecdotal evidence Evidence in the form of an anecdote or hearsay is called anecdotal if there is doubt about its veracity; the evidence itself is considered untrustworthy.
Evidence in law
Main article: Evidence (law) The law of evidence governs the use of testimony and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law)Evidence forms the very foundation of any legal system, without which law would be subject to the whims of those with power.
In law, the production and presentation of evidence depends first on establishing on whom the burden of proof The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law. The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution. The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubt Beyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there is no &, the latter considering only which side has the preponderance of evidence The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence, or whether the proposition is more likely true or false. The decision maker, often a jury, but sometimes a judge, decides whether the burden of proof has been fulfilled.
After deciding who will carry the burden of proof, evidence is first gathered and then presented before the court:
Gathering evidence
In criminal investigation, rather than attempting to prove an abstract or hypothetical point, the evidence gatherers attempt to determine who is responsible for a criminal Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " act. The focus of criminal evidence is to connect physical evidence and reports of witnesses to a specific person.
Evidence before the court
Presenting evidence before the court differs from the gathering of evidence in important ways. Gathering evidence may take many forms; presenting evidence that tend to prove or disprove the point at issue is strictly governed by rules. Failure to follow these rules leads to any number of consequences. In law, certain policies allow (or require) evidence to be excluded from consideration based either on indicia relating to reliability, or broader social concerns. Testimony (which tells) and exhibits (which show) are the two main categories of evidence presented at a trial or hearing. In the United States, evidence in federal court is admitted or excluded under the Federal Rules of Evidence.[1]
Types of evidence
- Intuition Intuition is the apparent ability to acquire knowledge without inference or the use of reason. “The word ‘intuition’ comes from the Latin word 'intueri', which is often roughly translated as meaning ‘to look inside’ or ‘to contemplate’." Intuition provides us with beliefs that we cannot necessarily justify. For this reason, it
- Personal experience Personal experience of a human being is the moment-to-moment experience and sensory awareness of internal and external events
- Testimonial The origin is "the Indo-European roots *tre- meaning 'three' and *sta- meaning 'stand'. A witness was 'a third person standing by'. From that came the verb testificare 'to bear witness', which evolved into Middle English testify in the fourteenth century."
- Anecdotal evidence Evidence in the form of an anecdote or hearsay is called anecdotal if there is doubt about its veracity; the evidence itself is considered untrustworthy
- Scientific evidence Scientific evidence is evidence which serves to either support or counter a scientific theory or hypothesis[citation needed]. Such evidence is expected to be empirical and properly documented in accordance with scientific method such as is applicable to the particular field of inquiry[citation needed]. Standards for evidence may vary according to
See also
- Validation
- Mathematical proof In mathematics, a proof is a convincing demonstration that some mathematical statement is necessarily true. Proofs are obtained from deductive reasoning, rather than from inductive or empirical arguments. That is, a proof must demonstrate that a statement is true in all cases, without a single exception. An unproved proposition that is believed to
- Falsifiability Falsifiability or refutability is the logical possibility that an assertion could be shown false by a particular observation or physical experiment. That something is "falsifiable" does not mean it is false; rather, it means that if the statement were false, then its falsehood could be demonstrated
- Proof (truth)
References
External links
- ASTM ASTM International , originally known as the American Society for Testing and Materials, is an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services. The organization's headquarters is in West Conshohocken, Pennsylvania, about 5 miles E141 Standard Practice for Acceptance of Evidence Based on the Results of Probability Sampling
Categories: Evidence law Categories: Law by issue | Common law | Legal procedure | Critical thinking Categories: Logic | Learning | Philosophical logic | Thought | Human skills | Evaluation | Forensic evidence
Sun, 05 Sep 2010 11:40:55 GMT+00:00
Kuensel, Buhutan's National Newspaper Eyewitnesses 4 September, 2010 - Eyewitnesses are to the police what evidence is to judges in court proceedings. They are such crucial components in any ...
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