Evidence is a crucial part of any legal proceeding. This is because prosecutors use it to connect the defendant to the crime, and the defense team uses it to show the defendant is innocent. Also, using evidence correctly is the key to convicting someone or keeping them from being convicted. First, however, the evidence presented must be admissible in a court of law. If the evidence presented is inadmissible, the case might be thrown out of court.
Here are instances when evidence can be inadmissible.
The evidence was obtained illegally
This is one of the main reasons pieces of evidence are deemed inadmissible. If the evidence presented in court was obtained by violating your rights, then it cannot be used against you. For instance, if the evidence was obtained after an unlawful stop and search, that evidence is inadmissible in court.
The evidence is misleading
Sometimes, evidence can have a more prejudicial value than probative value. This can be in the form of pre-existing biases and prejudices that could lead the jury in the wrong direction. For example, a person’s sexual identity in a criminal case is irrelevant, more prejudicial, and therefore inadmissible.
The evidence is hearsay
A Hearsay is usually evidence presented by a witness from the other party. For instance, hearsay can be a statement the witness was told about but did not see. Usually, this is inadmissible in court, but not always. The hearsay can be admissible if it can be verified with vital records, authentic documents, public records, business records and learned discourses used to interrogate expert witnesses.
The evidence is irrelevant
All the evidence presented in court must be relevant to the case. This means that evidence must be related to the case or support it. If evidence is irrelevant to your case, then it’s inadmissible in court and your case could be dismissed.
Evidence is crucial to any court proceeding. However, determining whether the evidence submitted before the court is admissible can be challenging. For this reason, consider seeking Legal help if you need assistance with evidence in a Colorado criminal trial.