Documentary Evidence: Primary and Secondary Documentary evidence is evidence that is not created by the party presenting it in court, such as police repo...
Documentary evidence is evidence that is not created by the party presenting it in court, such as police reports, medical records, or financial statements. This type of evidence can be used to prove different aspects of a case, including the defendant's actions, the victim's injuries, and the circumstances surrounding the incident.
Primary documentary evidence is evidence that was created by the person or entity presenting it in court, such as police reports, medical records, and financial statements. This type of evidence can be used to establish fact and prove the defendant's intent.
Secondary documentary evidence is evidence that was created by someone other than the party presenting it in court, such as news articles, witness statements, and photographs. This type of evidence can be used to establish a probability of the event occurring, but it cannot be used to prove the defendant's intent.
Examples:
Primary: A police report documenting a hit-and-run accident.
Secondary: A witness statement from a victim describing the accident, but not the defendant's car or license plate.
Secondary: A newspaper article reporting on the accident, but it does not identify the defendant.
Key differences:
Primary evidence is created by the party presenting it in court, while secondary evidence is created by someone else.
Primary evidence is used to establish fact and prove the defendant's intent, while secondary evidence is used to establish a probability of the event occurring.
Primary evidence is usually more reliable than secondary evidence, as it was created under oath or under conditions that ensure accuracy.
Understanding documentary evidence is crucial for legal professionals and anyone involved in a legal case, as it can be used to build a strong defense or prove the defendant's guilt.