Legal Definitions - evidential mark

Definition: An evidential mark, also known as an evidencing feature, is a group of circumstances that, when taken together, can reliably be associated with a single object or event. This term is commonly used in criminal cases to establish a perpetrator's identity, but it can also be used in civil cases to prove whether an event did or did not occur.

Example 1: In a criminal case, an evidential mark could be a fingerprint found at the scene of a crime that matches the suspect's fingerprint. This mark provides evidence that the suspect was present at the scene of the crime.

Example 2: In a civil case, an evidential mark could be a surveillance video that shows a car accident occurring at a specific time and place. This mark provides evidence that the accident did occur and can be used to determine fault.

Both examples illustrate how an evidential mark is a composite feature that can be used to reliably associate an object or event with a specific circumstance. In the first example, the fingerprint is a unique feature that can be linked to the suspect, while in the second example, the surveillance video provides visual evidence of the accident occurring.