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Physical evidence is generally much more reliable than testimonial evidence.
It can also be authenticated with evidence of ?distinctive characteristics and the like,? which include ?the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.?
One way to do this is to file a motion to suppress evidence. This can be an extremely useful strategy in your criminal defense. However, you cannot expect to successfully file these motions on your own. You will need the help of an experienced criminal defense attorney.
If the prosecution presents evidence that is weak or inconclusive, the judge may find that there is insufficient evidence to convict the defendant. For example, if a witness's testimony is inconsistent or unreliable, it may not be enough to prove the defendant's guilt.
The standard of proof for a motion to suppress evidence is ?preponderance of the evidence.? This means that whatever side has the burden of proof must show that it is more likely than not their position is correct.
A motion to suppress is a request from the attorney that the court suppress, or not allow, a certain piece or pieces of evidence.
The legal term for your right to know about this evidence is ?disclosure.? Under the law, the Crown prosecutor must give you a copy of all the relevant evidence against you before the date of your trial. Relevant evidence means anything that you could use to defend yourself.
The video footage evidence is considered real evidence and so cannot be said to "hearsay". Excessive editing of a video tape may have created sufficient distortions that would render a video tape inadmissible on the basis of lack of authenticity and reliability.