The constant search for the best evidence

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When lawyers, such as Evan Granowitz and Cheryl Chadwick, are presenting their case, they consider a lot of things. They study the case, try to look for loopholes, and draft arguments which can be used to assert the strengths of their side and refute possible counter-arguments from the opposing party. But they know that for them to win their case, they must not only put their best foot forward—they must also put the best pieces of evidence forward to make their claims credible.

Like these attorneys, trial lawyers all over the country recognize the importance of having the “best evidence” in winning a case, so much so that it has been recognized as a rule of law for the past two centuries.

Because the original is always best

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The best evidence rule states that in using documents and recordings as pieces of evidence, only the original item should be used as evidence. Copies of the said items are only allowed if the party presents a legitimate reason as to why they cannot be used, such as in cases of complete destruction of items or other circumstances which indicate its unavailability.

This rule dates back to the 1800s when the concept of forgery was becoming a major concern. However, in instances when copies were authorized, the resulting copies became vulnerable to human errors.

This apprehension regarding the unreliability of facsimiles grew with the advent of technology. Photocopies, for example, could be so poor in quality that the document’s content eventually faded into utter obscurity. More so for digital copies, as the authenticity of documents may be compromised by people who are adept in manipulating technology and come up with altered versions without so much of a trace.

Justice seeks veracity, and there is no veracity like of that in its unadulterated form.

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