Introduction
Evidence is that which tends to establish a fact at trial. For a paralegal, there are two areas of application of evidence: Locating evidence (using investigative techniques or the discovery process) and using that evidence to locate other evidence. In other words, to expand your investigation.
Remember that just because a certain piece of evidence is not admissible, that does not make it worthless to the paralegal. That evidence may be able to lead to other evidence that would be admissible. In any case, it is the attorney's job to determine whether the evidence you have found is admissible, not yours.
Paralegal Perspectives. . .
EVIDENCE
When investigating, don't fall into the trap of deciding that because a piece of evidence is circumstantial, it doesn't carry as much weight as direct. In fact, the law states that both direct and circumstantial evidence carry the same weight! (I know you don't believe it, but ask any trial attorney!) In fact, there are some instances where circumstantial may be preferred over direct evidence.
Direct evidence always relies on an individual's observation of an event. Of course, individuals are easy targets for a good trial attorney. All he or she has to do is place a 'reasonable doubt' in the mind of a juror or two. So he or she goes after the witness, hoping to place such doubt in the jury's mind.
But fingerprints on a weapon, which would be circumstantial as to a murder or assault, would be incredibly difficult to discredit. (After all, you can't cross examine a fingerprint!) So, in the hands of a good attorney, circumstantial may sometimes be more powerful than direct evidence. |
