Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case.
However, before evidence can even be used in a criminal case, it must be considered “admissible”. Whether evidence is admissible or not depends on several different factors that the court must analyze. Many different items and statements are often excluded from evidence in a criminal trial because it is considered “inadmissible”.
The general rule is that all irrelevant evidence is inadmissible and all relevant evidence is admissible.
There are two basic factors that are considered when determining whether evidence is admissible or not:
There are four basic types of evidence:
Evidence inadmissibility is an extremely nuanced field of law. Although evidence rules are driven by public policy, those same rules often have exceptions and those exceptions can have exceptions. In general though, evidence is more likely to be inadmissible if the evidence is:
If an item of evidence is considered inadmissible, it means that it can’t be used in court during trial as evidence against the accused. An example of this is where a witness statement is considered irrelevant because it doesn’t prove or disprove any facts in the case. In that case, the statement can’t be entered into the record as evidence and won’t be used against the defendant during trial.
Thus, it’s very important to make sure that evidence is carefully reviewed and analyzed in preparation for trial. This generally requires the assistance of a qualified criminal attorney, who understands the specific evidence rules for their jurisdiction.
Evidence is one of the most important aspects of a criminal trial. If you need help with evidence issues, it is in your best interest to hire a criminal defense lawyer. Your attorney can provide you with professional legal advice and can represent you in court.
Last Modified: 04-11-2018 07:23 PM PDTLaw Library Disclaimer
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