2 common examples of inadmissible evidence 

On Behalf of | Jun 14, 2024 | Criminal Defense |

For the prosecution to file criminal charges against a defendant, they need to have evidence. The strength of that evidence will influence how likely a conviction or acquittal is. The prosecution must establish guilt beyond all reasonable doubt, while the defense must only show that there is a reasonable doubt. 

There are rules of evidence and these must be followed. In some situations, evidence may become inadmissible. This means that it cannot be used in court. Outlined below are some of the more common examples of inadmissible evidence

1. Evidence that lacks probative value 

Evidence must have probative value. Essentially, this means that it is highly relevant to the facts of the case. For example, an eyewitness who saw events unfold would be evidence of high probative value. On the other hand, a witness brought in to testify that the accused wronged them 20 years ago would lack probative value, because it is not relevant to the case at hand. Evidence that lacks proactive value is likely to be dismissed by the court. 

2. Evidence that was unlawfully obtained

In many cases, physical evidence is critical. For example, in drug cases, law enforcement may rely on substances seized from people, vehicles or properties. Police officers cannot search people or properties without probable cause. They cannot obtain evidence from fishing expeditions. If evidence was obtained from unlawful searches and seizures, then it is likely to be deemed inadmissible in court.   

Challenging the strength of evidence is a key aspect of criminal defense. Establishing reasonable doubt could mean the difference between being convicted and not being convicted. Having legal guidance behind you will give you the best chance of forming a successful defense strategy. 


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