Who determines what evidence is admissible in court? The law defines any
document, witness testimony, or physical evidence are admissible in trial.
This is often introduced to the jury and to the judge to advocate for
an argument or highlight some missteps in the trial.
The types of admissible evidence include the following:
- Real evidence
- Testimonial evidence
- Documentary evidence
- Demonstrative evidence
All of this evidence can be used to prove that the defendant is guilty
beyond a reasonable doubt. Before that, the evidence must be deemed admissible.
There are many different ways that certain statements and.
How the Law Determines if Evidence Is Admissible
Any evidence that is not considered relevant to the case to the case. Relevant
evidence must seek to prove or refute any important elements related to
the case. If the evidence has no relation to the facts involved, then
it is considered irrelevant.
Reliable evidence includes evidence that was uncovered from reliable resources,
such as an eyewitness testimony.
What Evidence Would Be Considered Inadmissible?
The laws define “inadmissible evidence in various ways.” Essentially,
any evidence that does not satisfy the state or federal guidelines cannot
be used as evidence. It may be unreliable, hearsay, or have no factual
basis. Other factors that can impact the admissibility of evidence can
depend on the judge’s discretion, as well as the court and county
where the trial is taking place.
Evidence that is more likely to be inadmissible includes:
- Character traits of witnesses that may be unreliable
- Misleading evidence
- The evidence is wasting the jury’s time
- There is unfair bias or prejudice
- The information arises from privilege
Once the information has been deemed irrelevant or otherwise inadmissible
in court, the judge can strike it from the record and it will not be used
in the prosecution of the defendant. As this is one of the most important
aspects of a
criminal case. Should you have any questions, do not hesitate to
contact Carlson & Collier today about your legal options.
free, confidential case consultations. Call today at (804) 277-4774!