Terms
Evidence
In a criminal legal case, evidence is any form of proof that is presented to the court to show the truth or falsity of a fact. Evidence must be relevant to the criminal case and the crime in question in order to be heard by the court. Competent evidence is the legal term for evidence which proves the matter in question. There are several forms of evidence that can be presented to a court during a criminal trial. Evidence can be physical or it can be testimony of experts or witnesses. Evidence can be extracted from the scene of the crime or it can be collected from other locations or people relevant to the crime in question (circumstantial evidence).
Evidence can come in a variety of admissible forms. Admissible evidence can include expert and witness testimony, documents, pictures, tangible items, government records, lab reports, and videos. Testimonial evidence must be based on fact or expert opinion in order to be deemed admissible in the courts. Hearsay, or evidence based on another's testimony, is not admissible in a court of law. There are, however, exceptions to this rule that allows hearsay evidence to be admissible.
In addition to the general inadmissibility of hearsay evidence, there are a variety of other inadmissible forms of evidence. Evidence can be inadmissible when it has not been authenticated, or proven to be what one claims that it is. Evidence may also be refused if it is not relevant to the matter before the court, or if its presentation would be drastically time consuming. Unreliable evidence will also be refused by the court. Evidence can also be deemed inadmissible when it was illegally gathered.
There is a strict protocol that law enforcement and other evidence-gathering officials must adhere to so that their findings are held admissible in a court of law. In many situations, officers must obtain a search warrant to lawfully search a person or place for evidence. The fourth amendment of the Constitution protects people from unreasonable search and seizure. Therefore, any evidence that was gathered unlawfully is usually deemed inadmissible in a court of law. There is an additional doctrine which states that any evidence discovered as a result of an illegal search will also be deemed inadmissible.
Evidence is also collected at the scene of a crime by trained professionals who work to maintain "crime scene integrity." It is against the law for anyone to destroy evidence, regardless of the nature of that evidence or the intent involved in its destruction. Physical evidence that is gathered at the scene of the crime can be items like a weapon or clothing. This evidence can also include things like fingerprints, hair, rug fibers, DNA samples, cigarette butts, and the like.
The laws regarding the admissibility of evidence and how that evidence is presented to the courts can be rather complex. A competent defense attorney knows the laws related to evidence and can determine how to build a strong case for a defendant by presenting evidence in their favor.
Related Resources
Aug 24, 2006 - NJ High Court Rules Hypnotically Recalled Memories Unreliable
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