Criminal law is different from civil law in many aspects. The very first basis of the difference between the two is admissibility of evidence. Evidence is presented by the prosecutor or the defendant to support their case. It is the duty of the state to prove that the defendant is guilty beyond a reasonable doubt. Each evidence is presented before the court and each side gets the opportunity to examine the other side's evidence. In certain criminal cases, the defendant may move the court to exclude certain evidence from the list. This is done in case the evidence has been obtained in violation of the constitutional rights of the defendant.
Following are the types of evidence your criminal lawyer in Melbourne, Florida is coming to educate you about:
- Testimony of the witness
- Written statement
- Audio-video recordings done by you
- Photograph or images were taken
- Physical objects
- Any kind of weapons or items that can be used as a weapon
- Digital evidence
- Lab test reports or blood test reports or any similar findings
Determining The Admissibility Of The Evidence
The most important factor when determining whether a piece of evidence should be admitted in court or not is its relevance to the proceedings. It is very important that the evidence you include makes a material fact more believable and less probable. There are certain cases according to your criminal lawyer in Melbourne, Florida that may require the exclusion of evidence on the basis of the fact that it may confuse the jury.
Another fact that makes the evidence more important for your case is its reliability. The United States Supreme court has already set standards based upon which evidence is able to challenge a drug test result or ballistic or computer or forensic report just so that it can be admitted into a trial as reliable evidence.
What Is Hearsay?
Hearsay is understood as a statement made outside of the court. This is basically something that has been offered as evidence to prove the truth of any matter. Hearsay is generally inadmissible because the judge on a jury is not able to form a strong opinion regarding the genuineness and authenticity of the person or the statement made. This makes it less reliable and therefore it is typically not included in any criminal case. Although there are still multiple exceptions to the hearsay rule and they exist to simplify a complicated criminal case. A judge may say that such a statement can be included in a particular criminal case if there is no other option left.