FOUR TYPES OF EVIDENCE
  1. Oral evidence: The facts or story as orally presented by both fact witnesses and expert witnesses (who not only can lie or embellish their stories but can forget or have misperceptions). Opinion and non-opinion testimony can also be presented in recordings or by hear-say. Investigators/jury members read the body language of the witness as a help in deciding truthfulness of the witness.

  2. Real evidence: actual things such as the gun, the knife, drops of blood, specimens for analysis (but these can not only be deliberately tampered with, they can be mixed up or improperly tested).

  3. Documented evidence: writings or video or audio recordings...wills, suicide notes, cash register receipts, ATM slips (these types of evidence can be faked or setup).

  4. Demonstrative evidence: diagrams, exhibits, or many other means in which the information of the case can be lain before investigators or a jury to help present a point of view.


Opinion Rankings
Opinions are often weighed as to the strength of the opinion; and conclusions are conventionally considered to be more substantial than opinions:
  1. Extremely weak opinion, example: "the findings are such that such and such cause and manner of death are not ruled out".

  2. Very weak opinion, example: "the findings are possibly due to such and such". This type of terminology is very confusing because a 1 in 10 chance may be what this means to the average juror, but it may mean a one in a million chance to a scientist.

  3. Weak opinion, example: "the findings are consistent with (or compatible with) such and such cause and manner of death". This is a vague and weak zone of 5 to 45% probability.

  4. Less-weak opinion, example: "the findings are such that such and such cause and manner of death is probable." This terminology is weak because it legally indicates no more than barely more of a likelihood than the flip of a coin...no less than 51% probability.

  5. Mildly strong opinion, example: "the findings indicate that it is far more likely than not that the death was cused by..." [This is legally considered to indicate a greater-than-50% probability.]

  6. Stronger opinion, example: "the findings are such that there is a reasonable medical certainty that such and such is the cause and manner of death." Such terminology indicates an 80 to 100% probability.

  7. Very strong opinion, example: "the findings are such that such and such cause and manner of death is beyond reasonable doubt." This indicates a 98 to 100% probability.

  8. Strongest opinion, example: "the findings are such that such and such cause and manner of death are" ...."without a doubt,"..."absolutely certain"... "100% certain"...or, "I have CONCLUDED that such and such is the cause and manner of death."

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posted 7/24/98 (1st update 5 August 2000)