Describe some ways that testimony and real evidence differ.

Question

What will be an ideal response?

Answer 1

Testimony is evidence that comes from the mind of a witness. It can be given through a deposition, a statement given under oath, or by in-person testimony. This evidence is less durable than real evidence because there can be memory loss over time and testimony is also more subject to interpretation than real evidence. Testimony can be subject to bias and prejudice which could affect the jury, whereas, with real evidence, the jury will view the evidence firsthand instead of secondhand.
Real evidence includes documents and things (physical evidence). The real evidence is more durable than testimony because real evidence can be preserved if handled properly. Documents can be transferred or copied as long as the copy is made accurately. Physical evidence can also be preserved although it cannot be duplicated like documents. Testimonial evidence cannot last indefinitely like documents and physical evidence because a witness can have memory loss or die.