Gavin Howe
The admissibility of evidence in a court of law is governed by the rules of evidence of the relevant jurisdiction. While old evidence may be admissible in a new trial, it must meet certain criteria. For instance, it must not be too remote in time and must be probative of a fact at issue. In the US, evidence that is more than ten years old is rarely admitted, except in exceptional circumstances. Furthermore, after-discovered evidence, or newly discovered evidence, can be used as a basis for a motion for a new trial if it meets specific criteria.
| Characteristics | Values |
|---|---|
| Evidence | An item or information used to prove the existence of a fact |
| Admissibility of evidence | Evidence must be admissible under that jurisdiction's rules of evidence |
| After-discovered evidence | Evidence that existed at the time of the original trial but was discovered after the trial |
| Convictions over 10 years old | Admitted very rarely and only in exceptional circumstances |
| Relevancy of evidence | Evidence must be probative of a fact at issue and not too remote in time |
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What You'll Learn
Admissibility of evidence
For evidence to be admissible in criminal trials, it must be relevant, material, and competent. Evidence must help prove or disprove a fact in the case, and it must comply with certain traditional notions of reliability. Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects.
In the US, federal courts follow the FRE, while state courts generally follow their own rules, such as California's evidence code, Indiana's evidence rules, or Washington's evidence rules. Federal trial courts (in both criminal and civil cases) use the FRE to determine the admissibility of evidence. Rule 402 provides that "relevant evidence is admissible" unless the Constitution, statute, or the rules make evidence inadmissible.
Common law rules only allowed for original documents, but FRE 1003 provides for the admissibility of duplicates. The best evidence rule also allows for copies in the event the original document is unavailable, lost, or destroyed. Documentary evidence is admissible if it is relevant, probative, and authenticated.
After-discovered evidence, or newly discovered evidence, is evidence that existed at the time of the original trial but was only discovered after the trial's conclusion. After-discovered evidence is primarily an issue in criminal proceedings and may be used as the basis for a motion for a new trial. Courts employ a four-part test to determine whether to grant a new trial on this basis, considering whether the new evidence could have been obtained prior to the trial's conclusion, is merely corroborative or cumulative, will be used solely to impeach a witness's credibility, and would likely result in a different verdict or sentence.
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After-discovered evidence
Courts employ a four-part test to determine whether to grant a new trial based on after-discovered evidence. The four criteria are as follows:
- The evidence could not have been obtained prior to the conclusion of the trial through the exercise of reasonable diligence. In other words, the evidence must not have been able to be found before the trial.
- The evidence is not merely corroborative or cumulative. This means that it should not just be used to support or strengthen other evidence presented during the trial.
- The evidence will not be used solely to impeach the credibility of a witness. It should not be used exclusively to question or challenge the honesty or reliability of a witness's testimony.
- The evidence would likely result in a different verdict or a lighter sentence if a new trial were granted. This suggests that the new evidence must be significant enough to potentially change the outcome of the trial.
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Character evidence
In most jurisdictions today, the circumstantial use of character is rejected, but there are important exceptions. For instance, an accused may introduce pertinent evidence of good character, in which case the prosecution may rebut with evidence of bad character. The accused may also introduce pertinent evidence of the character of the victim, as in support of a claim of self-defence to a charge of homicide or consent in a case of rape, and the prosecution may introduce similar evidence in rebuttal of the character evidence.
In civil suits, character evidence is inadmissible when used as circumstantial evidence to prove that a person acted in conformity with their character. However, a minority of U.S. jurisdictions permit defendants in assault and battery and fraudulent misconduct civil cases to introduce character evidence as circumstantial evidence to prove that a person acted in conformity with their character.
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Evidence of prior convictions
In most cases, prior convictions can only be used to question the credibility of the defendant or a witness. They cannot be used to prove a defendant's guilt or tendency to commit crimes. In some states, judges cannot admit any information regarding prior convictions unless the defence has first offered evidence to establish the defendant's credibility.
There are also time limitations on the use of prior convictions as evidence. In general, convictions that are more than ten years old are inadmissible. However, this time limit may be waived if the conviction's ability to prove facts outweighs possible prejudices against the defendant.
In addition, prior convictions may not be submitted as evidence if the crime was pardoned, annulled, or if the defendant was found not guilty or rehabilitated.
Courts employ a four-part test to determine whether to grant a new trial based on new evidence. The evidence must:
- Not have been obtainable prior to the conclusion of the original trial.
- Not be merely corroborative or cumulative.
- Not be used solely to impeach the credibility of a witness.
- Likely result in a different verdict or lighter sentence if a new trial were granted.
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Evidence of prior bad acts
However, there are several exceptions to this rule. Evidence of prior bad acts may be admissible if it meets certain criteria. Firstly, notice must be provided before the trial, allowing the defendant a fair opportunity to meet the evidence, unless the court excuses this requirement upon a showing of good cause. Secondly, the prosecutor must provide a relevant reason for the jury to hear about the defendant's previous crimes, complaints, or acts. Thirdly, the prejudicial value of the evidence must not outweigh its probative value, i.e., it should not unfairly distract the jury from the main question of what happened on the occasion in question.
Additionally, there are situations where evidence of prior bad acts can be introduced. Firstly, an accused may introduce evidence of their good character, in which case the prosecution may rebut with evidence of bad character. Secondly, an accused may introduce evidence of the victim's character, such as in support of a claim of self-defence or consent, and the prosecution may introduce similar evidence in rebuttal. Thirdly, the character of a witness may be considered as it bears on their credibility.
It is important to note that the rules of evidence vary across jurisdictions, with some treating the rule as one of inclusion and others presuming inadmissibility. As such, it is essential to refer to the specific rules and laws of the relevant jurisdiction when dealing with evidence of prior bad acts.
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Frequently asked questions
After-discovered evidence, or newly discovered evidence, is evidence that existed at the time of the original trial but was only discovered after the trial concluded.
Old evidence can be used with a new law if it is deemed admissible by the court. Evidence must be probative of a fact at issue and not too remote in time.
Admissible evidence is any item or information that makes the existence of a fact more or less probable. This includes testimony, documents, photographs, videos, voice recordings, DNA testing, and other tangible objects.
Courts follow specific rules of evidence to determine admissibility. In the US, federal courts adhere to the Federal Rules of Evidence, while state courts generally follow their own rules.
Old evidence may be deemed inadmissible if it is too remote in time or deemed to have little probative value. Additionally, convictions over ten years old are rarely admitted, except in exceptional circumstances where their probative value outweighs prejudicial impact.
