What is the difference between physical evidence and testimonial evidence?

• A. Physical evidence is tangible items; testimonial evidence is statements or oral assertions.
• B. Physical evidence is always admissible; testimonial is never.
• C. They are the same; no difference.
• D. Testimonial evidence is statements written on paper.

Answer: (A)

The main idea is that evidence falls into two broad types based on how it conveys information: physical evidence and testimonial evidence. Physical evidence consists of tangible items that can be touched, weighed, measured, or tested—things like a weapon, fingerprints, DNA, fibers, or a clothing item. Testimonial evidence is about what people say—oral statements, written statements, eyewitness accounts, confessions, or expert opinions given in words.

The correct choice captures this distinction: physical evidence is tangible items, while testimonial evidence is statements or oral assertions. This explains why a piece of fabric found at a scene or a bullet casing is physical evidence, whereas what a witness describes about what they saw is testimonial evidence. The other options are inaccurate because physical evidence isn’t automatically admissible, they aren’t the same, and testimonial evidence isn’t limited only to written statements.