Rules of Evidence (From Criminal and Civil Investigation Handbook, P 2-19 to 2-29, 1981, Joseph J Grau and Ben Jacobson, ed. - See NCJ-84274)

• NCJ Number: 84282
• Author(s): H Edelstein
• Date Published: 1981
• Length: 16 pages
• Sale Source: McGraw-Hill Publishing Co
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This discussion of rules of evidence considers hypothetical cases that illustrate special problems relating to real evidence and the application of statutory and common-law rules of evidence and the exclusionary rule.

Abstract

There are two hurdles that each item of evidence must cross before it is admissible at trial. The first is the common-law and statutory rules of evidence. The second category relates to various constitutional protections provided through the exclusionary rule. The exclusionary rule has been developed primarily by the U.S. Supreme Court. It excludes from use at trial evidence obtained by law enforcement officials in violation of a defendant's constitutional rights. Evidence seized from the defendant at the time of arrest without an arrest warrant will be excluded from use at trial unless the evidence is seized incidental to a lawful arrest made with probable cause. This means the prosecutor must show that at the time of arrest, the arresting officer had reasonable cause to believe that the defendant was involved or about to become involved in the commission of a crime. The exclusionary rule also applies to the proper obtaining of inculpatory statements made by the defendant to law enforcement officers. Real evidence is evidence that can be experienced by the senses, for example, drugs in a drug case or photographs of an assaulted victim's injuries. Real evidence presents particular evidentiary problems, because physical evidence can often be materially altered. The term 'fungible' is used to describe evidence subject to material alteration.