Criminal Law
Introduction
How The Criminal Process Begins
Differences From The Civil Courts
Searches And Seizures
Grand Juries
Indictment
Arrest, Interrogation and Bail
Plea Bargains
Defenses and Exceptions
Evidence
Admissibility
Prejudicial Evidence
Illegally Obtained Evidence
Heresay Evidence
Evidence Frequently Asked Questions
Trial
Specific Offenses
Sentencing
Parole
Retaining a Criminal Defense Attorney
Your Criminal Case
Admissibility
Whether the judge will allow the prosecution or defense to present their evidence depends on a long list of determinations the court must make.
- Is it relevant, i.e., does it have a bearing on the case?
- Is it material?
- Was it legally obtained?
- If it is prosecution evidence, is the defendant aware of it?
- Has a proper chain of custody been established?
- Is it prejudicial or unfair to the defendant?
- Will the jury be misled or confused?
- Is the evidence more of the same, or cumulative?
Additionally, evidence can be admitted for limited use only. For example, evidence of a prior crime committed by the defendant might be limited to proving the defendant's identity only and not that he committed the present crime.