In criminal cases, both the prosecution and defense rely on evidence. The prosecution must use evidence to prove guilt beyond a reasonable doubt, while the defense aims to find weaknesses in the evidence.
However, not all evidence is admissible. Here are three common reasons why evidence may not make it to trial.
Lack of relevance
Evidence must have probative value. This means that it must be highly relevant to the case. Evidence that does not address pertinent issues in the case may be ruled inadmissible. For example:
- Evidence pointing to the defendant’s prior convictions may be irrelevant unless they have a direct bearing on the case.
- Personal opinions or hearsay that don’t directly affect the case may be inadmissible.
Unlawfully obtained evidence
Evidence must be obtained according to legal rules and procedures. The court will always look into how evidence was collected, and it can strike out evidence that was unlawfully obtained. For instance:
- Evidence obtained in a search must abide by the Fourth Amendment rights to proper search and seizure. Searches must be conducted based on probable cause and with a valid search warrant.
- If evidence is handled improperly, this can break the chain of custody. For example, if a bag is tampered with or has not been properly signed into custody, then that evidence may be ruled inadmissible.
Privileged communications
Some types of evidence are inadmissible because they are protected communications. In other words, they are confidential. Common examples of this include:
- Conversations between an attorney and their client.
- Conversations between a doctor and patient.
In many cases, a spouse also cannot be forced to testify against the other due to the privileged nature of the relationship.
If you are facing criminal charges, it is wise to seek legal guidance at the earliest opportunity.
