Using Evidence

Evidence has a myriad uses in any given criminal case but when those uses are stripped down to their barest bones there are two basic purposes for evidence. These purposes are Reconstruction and Association. Each purpose has distinct characteristics that determines the uses of a given piece of evidence in any case.

Reconstructive Evidence
The purpose of Reconstructive evidence is to be used to "tell the tale" of the crime. Reconstructive evidence is used to, well, reconstruct the events that occurred leading up to and during a crime. Reconstructive evidence may not specifically finger or place blame upon a suspect but what it does is establish the context in which the crime was committed.

Reconstructive Evidence is that which helps lawyers on either side of a case become storytellers to weave and construct the tale and "sell" their take on it to the jury.

Associative Evidence
The purpose of Associative evidence is to be used to connect suspects (or disconnect) them from the crime. Associative evidence is used to construct associations with the crime and establish the identities of suspects. Associative Evidence isn't being used specifically for the purpose of discovering "what" happened but instead is used to establish who committed the crime by providing tangible connections between a person and the scene.

It is associative Evidence that is used to tie a given perpetrator to a given crime. If the reconstructive evidence provides a story it is the associative evidence that provides the characters or the cast of the story.

A Summary
Reconstructive and Associative Evidence are both necessary for drawing conclusions in any crime both to connect potential suspects to a crime and to reconstruct and establish the "story" of the crime. With the right kinds of evidence it can then be discerned, who, when, how, where and what was involved in the crime.

Any given piece of evidence can be used for both Reconstructive and Associative purposes, each given piece of evidence can possess more than a single quality and use. Evidence can be used to link suspects or disprove accusations against them, to verify the story established by victims or witnesses, to identify suspects, provide the essential Facts of the crime, and provide investigative leads...all of which boil down and are incorporated into one or the other of the basic purposes for evidence. Reconstruction or Association.