The concept in the law of evidence that determines whether or not evidence can be received by the court. The evidence must first be relevant, but even relevant evidence will be tested for its admissibility.
Questions tagged [admissibility]
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Why can courts refuse evidence?
The question
Layman here. This question was inspired by this question and random things I've heard/read over the years.
I'm quite confused by a concept that comes up again and again and which people seem to hold for self-evident. And that concept is…
Vilx-
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Can a private person deceive a defendant to obtain evidence?
In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and they have a three hour conversation going over all the details…
KeizerHarm
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At an unlawful traffic stop, police searches the car and find the weapon used in a recent murder
Say that a murder was committed. Some time after, without any justifiable reason (perhaps on a hunch, or just by coincidence), a police officer stops a car, unlawfully searches it and stumbles upon the weapon used in the recent murder.
What would…
a20
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Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?
Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob committed it together.
Rob lives elsewhere and his…
Greendrake
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Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?
I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my symptoms. However, they did not order a confirmatory…
Elias e.
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Self-incriminating statements carry weight of proof
If someone is recorded confessing to a crime, can the recording serve as evidence solely because it contains the self-incriminating statement? Putting as an example:
Carlos had his wallet stolen.
In a meeting between colleagues, he records the…
Brit
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Admissibility of withdrawn confession
I quite often read stories like the following in the news:
Bob is arrested for alleged bribery and falsification of business records. During his first interrogation, he confesses everything, and the case appears to be clear. Later on however, he…
PMF
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Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?
I was taking an MBE Prep Test for the hell of it, and I found this question's answer to be controversial.
"Several persons together stole a painting from an art museum. One of them, who was the driver, was caught during the commission of another…
froggo_doggo
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Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?
As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through inadmissibility in court.
Another way to prevent…
user110391
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US exclusionary rule - are there limits?
Inspired by this question related to admissibility of evidence obtained from an unlawful search and seizure: At an unlawful traffic stop, police searches the car and find the weapon used in a recent murder
Suppose the following facts:
A uniformed…
Patrick87
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What will a judge do if a witness refers to an event previously stricken from the record? (USA)
Some context. Suppose the prosecutor enters into evidence body camera footage from a police officer. On the tape, the suspect makes a lewd remark, and another officer offers a witty comeback. The jury laughs.
The defense objects, arguing the part…
GridAlien
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Admitting to a misdemeanor crime on an "official" police application
When someone wants to apply to become a police officer, one question on the form is whether or not they have committed a crime or were present when a crime was committed. If they say yes and detail the crime committed, and the statute of limitations…
wildlefty
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First criminal court trial with DNA evidence Idaho
I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction?
The only thing I found is the following but the defendant pleaded guilty in that case.
State of Idaho v. Horsley;
May 1988;
DNA…
MJB
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Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court?
If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's registration (/insert official-looking document of choice here), and…
NerdyDeeds
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secretly recording a murder confession
Let's say you had an opportunity to secretly record an acquaintance confessing to a murder decades prior.
Can/would it be used by police/courts?
Are there certain things about the recording that would improve its usefulness? (Questions that should…
SWIM
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