Weight of Evidence
Definition
The persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a judicial one. Chain-of-custody breaks most often reduce weight rather than bar admission.
Related terms
- Admissibility
- Whether a piece of evidence is permitted to be placed before the fact-finder at all. Admissibility is a threshold question, decided by...
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Authentication
- The process of establishing that a document is what it purports to be. Under the US FRE Rule 901, the proponent must...
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Continuity of Exhibit
- The principle, applied in English and Welsh courts and reflected in PACE Code B, that an exhibit must be shown to have...
- Fact-Finder
- The person or body whose job is to determine what the facts are: a jury in common-law criminal trials, a judge sitting...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Probative Value
- The strength of the evidence's tendency to prove or disprove a fact in issue. High probative value means the evidence substantially changes...
- Standard of Proof
- The level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (more...
Explained in these topics
- Chain of Custody as a Legal ConstructThe persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a judicial one. Chain-of-cust...
- Forensic Science and the Law: An IntroductionHow much a piece of evidence contributes to the fact-finder's conclusion, as distinct from admissibility (whether it is allowed in at all). Admissibility is a...