Legal Definitions - weight of evidence

Definition: Weight of evidence refers to the strength or persuasiveness of evidence in terms of its probative value, rather than the quantity or amount of evidence presented. It is determined by the effect it has on inducing belief, rather than mathematical calculations. In legal terms, weight of evidence refers to the tendency of credible evidence to support one side over the other.

For example, in a criminal trial, the prosecution may present a witness who testifies that they saw the defendant commit the crime. This testimony may carry a lot of weight of evidence, as it is a direct eyewitness account of the crime. On the other hand, the defense may present an alibi witness who testifies that the defendant was with them at the time of the crime. This testimony may also carry weight of evidence, as it provides an alternative explanation for the defendant's whereabouts at the time of the crime.

However, the weight of evidence is not solely determined by the number of witnesses or pieces of evidence presented. For instance, if the prosecution presents multiple witnesses who contradict each other or have questionable credibility, their testimony may carry less weight of evidence than a single credible witness.

Similarly, if the defense presents multiple pieces of evidence that are easily explained or contradicted by the prosecution, their evidence may carry less weight of evidence than a single piece of evidence that is difficult to refute.

Overall, the weight of evidence is determined by the persuasiveness and credibility of the evidence presented, rather than the quantity or amount of evidence.