Evidence
Evidence is presented in a court of law according to the rules of evidence, which determine what evidence is admissible, who is responsible for producing evidence and how a court will treat things like hearsay and oral testimony. You should know that federal courts follow a standard called the Federal Rules of Evidence, while state courts follow rules established in the state in which they have jurisdiction.
Areas of Evidence
The following provides an overview of some important areas in the rules of evidence.
Witnesses
Excluding a judge or jury ruling on the case, all persons are presumed to be competent as witnesses, meaning that they are legally able to serve as witnesses in a trial. This includes children as well. However, there are specific legal regulations governing the use of witnesses in a court of law, which are determined by the state in which the court has jurisdiction.
Privilege rules may give a witness the opportunity to prevent or refuse testimony, and these privileges include things such as doctor-patient privilege, attorney-client privilege, clergy-penitent privilege and state secrets privilege, among others. Privilege rules are established in accordance with state laws, rather than federal laws.
A witness may be impeached, meaning to have his or her testimony discredited, by either legal counsel. However, impeachment may not be based on religious or personal beliefs or conviction of a crime that does not relate to the honesty of the testimony or that did not result in a sentence of more than one year.
Hearsay
Hearsay is a term you may run across in criminal trials. It refers to statements made outside the court that are used in court to prove a statement, and, generally speaking, is not admissible as evidence in court. However, there are many exceptions to this rule, and include such things as excited utterances, declarations of present state of mind, statements made for medical diagnosis, business records, among many others. In fact, the Federal Rules of Evidence cover 30 exceptions to the rule making hearsay inadmissible. A criminal defense attorney will be able to explain these exceptions in greater detail.
Circumstantial Evidence
Circumstantial evidence is evidence that implies the existence of the fact attempting to be proven but does not prove it. Circumstantial evidence often refers to a defendant's behavior or whereabouts around the time of a crime pointing to involvement in the crime.
One popular myth about circumstantial evidence is that it is less valid or important than direct evidence, such as eyewitness testimony. However, many persuasive types of evidence are circumstantial in the absence of an eyewitness, such as fingerprints and DNA samples. Additionally, evidence that is technically circumstantial may be all that is available, or may actually be more persuasive than eyewitness testimony, which can often be inaccurate.
Speak to a Criminal Defense Lawyer for More on Evidence!
There's so much to the rules of evidence, including all those exceptions to hearsay, and the validity of circumstantial evidence, that you may want to seek expert opinion for more detailed information or how these rules might apply to your case.
By filling out the form on this page or calling us toll-free at 1 (877) 445-1059, you'll be put in touch with a criminal defense lawyer who can begin to prepare your defense or answer any questions you might have on the subject of evidence.