Admissible evidence

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Evidence
Part of the law series
Types of evidence
Relevance
Authentication
Witnesses
Hearsay and exceptions
Other common law areas

Admissible evidence, in a

rule of evidence is called the exclusionary rule. In the United States, this was effectuated federally in 1914 under the Supreme Court case Weeks v. United States and incorporated against the states in 1961 in the case Mapp v. Ohio. Both of these cases involved law enforcement conducting warrantless searches of the petitioners' homes, with incriminating evidence being described inside them. Consciousness of guilt
is admissible evidence.

Criteria

Relevance

For evidence to be admissible, it must tend to prove or disprove some fact at issue in the proceeding.[2] However, if the utility of this evidence is outweighed by its tendency to cause the fact finder to disapprove of the party it is introduced against for some unrelated reason, it is not admissible. Furthermore, certain public-policy considerations bar the admission of otherwise relevant evidence.

Reliability

For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of

Kumho Tire Co., Ltd. v. Carmichael later extended the Daubert analysis to include all expert testimony.[4]
It bears an effect on the verdict of the court.

Issues with admissibility of evidence in non-democratic regimes

In some non-democratic legal systems, the courts effectively function as organs of those in power, and the rules of evidence are designed to favor their interests.

References

  1. ^ Richard Glover, Murphy on Evidence (2015), p. 29.
  2. ISBN 9781567315530
    .
  3. ^ a b Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579 (1993).
  4. Kumho Tire Co., Ltd. v. Carmichael
    , 526 U.S. 137 (1999).
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