Can some one be covicted without evidence in a criminal case?

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Can some one be covicted without evidence in a criminal case?

their are witnesses but no evidence

Asked on May 20, 2009 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The testimony of witnesses IS evidence.

Millions of people have been convicted on eyewitness testimony.

Sounds as if you have been watching too much CSI.

 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That's a very general question, and a lot depends on the charges and the witnesses.

Of course, every crime has to be proved beyond a reasonable doubt.  But the evidence -- and the testimony of witnesses is evidence, too -- that is needed to support a verdict varies quiet a bit, in different sorts of crimes. Some crimes, like possession of drugs, would be almost impossible to prove without the drugs themselves, and a laboratory report confirming what they were.  Other crimes, such as assault, sometimes don't involve anything that would be introduced as physical evidence.

Sometimes, it comes down to how the witnesses hold up under cross-examination.  That's an art, and it is one of the biggest reasons why a criminal defendant needs an attorney.  To find qualified defense counsel, one place you can look is our website, http://attorneypages.com


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