Which statement best describes the essence of Evidence Strategy?

• A. It is independent of case strategy
• B. It does not involve the attorney
• C. It is the art of devising or employing evidence toward the goal of successful prosecution
• D. It applies only to civil cases

Answer: (C)

Evidence strategy is the intentional plan for how evidence will be gathered, preserved, analyzed, and presented to support the charges and achieve the case’s objectives. It starts from the theory of the case—identifying what facts must be proven and which pieces of evidence will prove them—and then maps out how each item will be obtained, how its integrity will be maintained (including issues like chain of custody and authentication), and how it will be introduced and argued at trial to advance the prosecution.

This approach is not something separate from the overall case plan; it works hand in hand with case strategy and is driven by the attorney who leads the prosecution’s objectives, coordinating with investigators and experts as needed. It is also not limited to civil matters; the same emphasis on proving the charges through admissible, persuasive evidence applies across criminal contexts, including military prosecutions. Therefore, the essence is best captured by describing evidence strategy as the art of devising or employing evidence toward the goal of successful prosecution.