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Evidence in criminal law is any item or testimony that assists in the proof of a prosecution or defense. It can be a weapon, a document, forensic samples or the testimony of a witness, and both sides of a criminal case are allowed to present evidence to the court for consideration. Real evidence is physical evidence, such as a gun, a fingerprint, a photograph, or DNA machine, different from testimonial evidence because it not physical object only is the testimony of a witness.

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12y ago
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6mo ago

Testimonial evidence comes from statements made by witnesses or parties involved in a case, while physical evidence refers to tangible objects or materials that are relevant to the case. Testimonial evidence relies on human memory and perception, while physical evidence is usually more concrete and can be subjected to scientific analysis.

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6y ago

Testimonial evidence is typically described as a statement, physical evidence is like the hard copy of evidence. You can physically hold it.

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Q: What is the difference between testimonial and physical evidence?
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What is the difference between Physical evidence vs witness testimony?

Physical evidence refers to tangible objects or substances that can be examined to provide information in a legal investigation, such as DNA, fingerprints, or weapons. Witness testimony, on the other hand, involves statements given by individuals who have direct knowledge of the events in question and can provide their account of what they saw or experienced. Physical evidence is objective and can be analyzed scientifically, while witness testimony may be subjective and influenced by memory, perception, or bias.


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By "real evidence" I assume you mean evidence given by a witness verbally under oath on the witness stand. That is called testimonial evidence. In any event there are two types of evidence. One is testimonial evidence and one is demonstrative evidence. Testimonial evidence is simply evidence given by a person testifying verbally under oath or affirmation. Demonstrative evidence is taken from inanimate objects that demonstrate some particular fact. In a typical Law and Order episode the witness who testifies he saw the defendant shoot the victim is providing testimonial evidence. Exhibit A, the murder weapon with the defendant's fingerprints on it is demonstrative evidence, because it demonstrates that the defendant had the weapon in his hand. Both are real evidence as the defendant will shortly be very unhappy to learn.


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From "Criminal Procedure & Constitutional Protections" (Second Edition) Non Testimonial Evidence: "Evidence that does not come from the mouth of a witness and may include conduct; physical evidence that may have the operative effect of proving guilt but has not been deemed to have the same effect as speech" Examples: Blood alcohol test, physical test to identify if a suspect is intoxicated. See case Schmerber v California, 384 U.S. 757 (1966)


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Yes. Examples might be the results of drug lab or DNA tests. Evidence attempting to be introduced as 'non-testimonial' faces scrutiny and challenge to determine whether it is admissible, or not under the rules of "hearsay" evidence.The US Supreme Court differentiated between "testimonial" and "non-testimonial" witness statements in Crawford v. Washington, (2004) and Davis v. Washington with Hammon v. Indiana, (2006). For more information on these cases, see Related Questions, below.


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