Course: Law
Admissible is a term used to describe evidence that a jury or judge may consider in civil and criminal cases.
Admissible evidence is a crucial concept in both civil and criminal cases. Admissible evidence refers to evidence that a jury or judge may consider when making a determination on the merits of a case. In other words, admissible evidence is evidence that is legally acceptable and relevant to the case at hand.
In criminal cases, the admissibility of evidence is particularly important because it can have a significant impact on the outcome of a trial. The rules of evidence in criminal cases are designed to ensure that only reliable and relevant evidence is presented to the jury or judge. This is because the stakes are high in criminal cases, and the accused’s liberty may be at risk.
The rules of evidence in criminal cases are complex and vary depending on the jurisdiction. However, in general, evidence is admissible if it is relevant to the case and was obtained legally. For example, physical evidence obtained through a lawful search is generally admissible. However, evidence obtained through an unlawful search or seizure is generally excluded under the exclusionary rule.
Other types of evidence that may be excluded from a criminal trial include hearsay evidence and character evidence. Hearsay evidence is generally defined as a statement made outside of court that is offered in court as evidence to prove the truth of the matter asserted. Character evidence, on the other hand, is evidence that is offered to show that the accused has a propensity to commit the crime in question.
In civil cases, the rules of evidence are less strict than in criminal cases. However, the basic principles of admissibility still apply. Evidence must be relevant to the case and obtained legally in order to be admissible. The goal is to ensure that the evidence presented to the jury or judge is reliable and probative.
In both civil and criminal cases, the admissibility of evidence is ultimately decided by the judge. The judge has the authority to exclude evidence that is not relevant or that was obtained illegally. The judge also has the authority to limit the amount of evidence that is presented to the jury.
[ Glossary ]
Last Modified: 04/29/2023