Use of Demonstrative Evidence in a Criminal Trial

Admissible evidence is any type of testimony, document, or tangible evidence used at trial. There are three types of admissible evidence: testimonial, real, and demonstrative.

What Is Demonstrative Evidence?

Demonstrative evidence includes any graphs, physical objects, pictures, models, or enlarged documents intended to clarify facts for a jury or judge. An example would be a car accident reconstruction model.

How Is the Evidence Used at Trial?

The importance of demonstrative evidence is make it easier for the judge or jury to understand:

• How the crime occurred or could not have occurred
• The damages inflicted by the carrying-out of the crime
• The reliability of other evidence

The method the defendant used in the crime they have been accused of committing

Is Real Evidence the Same as Demonstrative Evidence?

No. Real evidence is evidence that was at the scene when the crime occurred. A knife, bloody clothing, and DNA are considered physical evidence. Other physical evidence such as photographs of the crime scene is considered demonstrative because it is not real evidence, as it only illustrates the point the criminal attorney is trying to make. An example of real evidence is a blood-soaked mattress upon which the victim was killed. That mattress existed at the scene of the crime and helps prove how and where the victim died.

Do I Need to Talk to a Criminal Attorney about Demonstrative Evidence?

Demonstrative evidence can be critical in proving one’s innocence or one’s guilt. If you are accused of committing a crime or facing a criminal charge, contact a criminal attorney immediately. The attorney will discuss the use of demonstrative evidence at trial.