Gavin Howe
The admissibility of evidence is a critical aspect of the legal process, and various rules and considerations govern what evidence can be presented in a court of law. Common law, a legal system used in several countries, including the US, Canada, India, and Australia, is based on court decisions and precedents rather than codes or statutes. In common law systems, courts have the flexibility to address situations not originally predicted by lawmakers and can overrule prior decisions. This adaptability allows common law to respond to societal changes without requiring amendments to statutes or codes. The admissibility of evidence in common law is determined by rules that vary across jurisdictions and consider factors such as relevance, probative value, reliability, and compliance with constitutional protections. For example, common law rules traditionally required original documents, but changes have been made to accommodate duplicates and electronic evidence. Understanding the rules of evidence and their admissibility is essential for legal professionals to effectively present their cases and ensure fair trials.
| Characteristics | Values |
|---|---|
| Adaptability | Common law systems can address situations not originally predicted by lawmakers |
| Flexibility | Common law can respond to changes in society and higher courts can overrule prior decisions without waiting for lawmakers |
| Basis | Court decisions, rather than codes or statutes |
| Principles | Stare decisis, meaning "to stand by things decided" |
| Rules | Only original documents are allowed |
| Evidence must be relevant, probative, and authenticated | |
| Evidence obtained by unlawful search and seizure is inadmissible | |
| Incriminating statements elicited from an accused in violation of the right to counsel are inadmissible | |
| Evidence of insurance against liability is inadmissible upon the issue of negligence | |
| Evidence of prior convictions is admissible unless more than 10 years old | |
| All prior inconsistent statements are admissible | |
| Hearsay is generally inadmissible unless it falls into a recognized exception | |
| Character evidence is inadmissible to prove that a person acted in accordance with that character on a particular occasion |
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What You'll Learn
Documentary evidence
The definition of documentary evidence has expanded over time. While it traditionally referred to handwritten and typed documents, it now also includes photocopies, printouts of emails and web pages, photographs, videos, and almost any other form of digital media. For example, Google Maps' historical street view imagery can be used as documentary evidence to illustrate how conditions along a particular road have changed over time.
In the case of electronic evidence, it is important to establish a foundation to prevent the admission of manipulated images. For instance, in one case, a detective testified that he downloaded a photograph from a witness's MySpace page, but no one was called to testify that the image was an accurate depiction or that it had not been faked. The court ruled that such foundational evidence is critical to prevent the admission of manipulated images.
Additionally, documentary evidence must be authenticated. While common law rules only allowed for original documents, the Federal Rules of Evidence (FRE) provide for the admissibility of duplicates and copies in certain circumstances, such as when the original document is unavailable, lost, or destroyed. However, if the authenticity of a document is questioned, the court may request the original document.
It is worth noting that each state in the United States has developed its own rules of evidence that govern state court civil and criminal proceedings.
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Witness testimony
One important consideration is the distinction between fact witnesses and expert witnesses. Fact witnesses testify based on their firsthand knowledge or observations of relevant facts in a case. Their testimony is generally admissible if it is relevant and meets the other requirements for admissibility, such as not violating hearsay rules or character evidence restrictions.
Expert witnesses, on the other hand, provide opinion testimony based on their specialized knowledge, skill, experience, training, or education. The admissibility of expert witness testimony is governed by Federal Rule of Evidence 702, which has been interpreted by landmark cases such as Daubert v. Merrell Dow Pharmaceuticals, Inc. This rule charges trial judges with acting as "gatekeepers" to ensure that expert testimony is reliable and helpful to the trier of fact. The rule applies to all types of expert testimony, not just scientific testimony, and judges must assess the methodology and principles underlying the expert's opinion.
Another factor affecting admissibility is the credibility of the witness. Witness credibility can be attacked or supported by testimony about their reputation for truthfulness or untruthfulness. However, extrinsic evidence of specific instances of conduct is generally not admissible to prove a witness's character for truthfulness, except for criminal convictions under Rule 609. Additionally, the mode and order of examining witnesses, including the use of leading questions, is governed by Rule 611, which grants judges discretion to ensure the effective interrogation of witnesses and the presentation of evidence.
The admissibility of witness testimony can also depend on the context in which it is given. For example, deposition testimony is generally admissible if it complies with the rules of evidence, and the adverse party had an opportunity to develop the testimony through direct, cross, or redirect examination. Similarly, written statements made under oath by a lay witness are admissible if they meet the rules of evidence and are provided to the adverse party in advance, allowing them a fair opportunity to prepare.
In conclusion, the admissibility of witness testimony is a complex area governed by common law rules and statutory provisions. Judges play a crucial role in ensuring that only reliable, relevant, and helpful testimony is presented, while also safeguarding the rights of all parties involved. The specific rules and standards for admissibility vary depending on the jurisdiction and the unique circumstances of each case.
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Expert witnesses
One key rule is that expert witnesses must possess specialised knowledge, skill, experience, training, or education in their field. This expertise must be relevant to the case and help the trier of fact (the jury or judge) understand the evidence or determine a factual issue. The expert's testimony must be based on sufficient facts or data and derived from reliable principles and methods applied to the specific case.
The admissibility of expert witness testimony is determined by the court. The court acts as a gatekeeper to ensure that unreliable or unhelpful testimony is excluded. For example, if an expert relies solely on their experience, they must explain how that experience led to their conclusion and why it is a sufficient basis for their opinion. The more subjective and controversial the expert's methodology, the more likely their testimony will be excluded as unreliable.
Additionally, rules regarding the bases of expert opinions vary. In some cases, experts may rely on inadmissible information to form their opinions, but this does not automatically make the underlying information admissible. The disclosure of facts or data underlying an expert's opinion may be required during cross-examination or at the court's discretion.
Courts may appoint expert witnesses upon the agreement of all parties or select their own. Appointed expert witnesses must consent to act and are entitled to reasonable compensation. Overall, the use of expert witnesses is an important tool in the legal process, but their testimony is carefully regulated to ensure reliability and fairness in judicial proceedings.
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Real evidence
The admissibility of real evidence is governed by the Federal Rules of Evidence (FRE) in federal trial courts and by state-specific rules in state court civil and criminal proceedings. One common law rule that addresses the admissibility of real evidence is the best evidence rule, which requires the original document to be presented in court. However, the FRE provides for the admissibility of duplicates if the original document is unavailable, lost, or destroyed.
Defense attorneys often rely on the exclusionary rule to prevent the admissibility of real evidence obtained through unreasonable searches or seizures, as this violates the Fourth Amendment. Additionally, certain evidence, like DNA evidence, is so complex that it requires an expert witness to interpret and explain it to the court. The court will allow expert testimony after establishing the witness's expertise and the reliability of their methods within the scientific community.
Furthermore, the admissibility of real evidence depends on its relevance to the case. All relevant evidence is generally admissible unless excluded by specific rules or considerations, such as the potential for unfair prejudice, confusion of issues, or waste of time. Conversely, irrelevant evidence is typically not admissible. However, relevant evidence may still be excluded if its probative value is substantially outweighed by these concerns.
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Character evidence
In most jurisdictions, the circumstantial use of character is rejected, but there are three important exceptions:
- An accused may introduce pertinent evidence of good character, after which the prosecution may rebut with evidence of bad character.
- An accused may introduce pertinent evidence of the victim's character, as in a self-defence claim in a homicide charge or consent in a rape case. The prosecution may introduce similar evidence in rebuttal or, in a homicide case, to rebut a claim that the deceased was the first aggressor.
- The character of a witness may be examined to assess their credibility.
In civil cases, the use of character evidence is more restricted. Uniform Rule 47 assumes that character evidence satisfies relevancy conditions, but this has been rejected due to concerns about its slight probative value and potential for prejudice. Rule 48 further excludes character evidence in negligence cases, where it could be highly useful. Additionally, expanding the concept of "character" into areas like psychiatric evaluation and psychological testing could open up complex mental examinations, causing concern for courts.
Federal Rule 404(2) allows criminal defendants to introduce evidence of their "pertinent character trait" and bring witnesses to testify about their good character. However, character evidence regarding a person's sexual history is generally inadmissible, with exceptions for sexual offence cases. For example, in a sex offence case, the victim's sexual history is usually inadmissible to prevent accused individuals from attacking the victim's character. But, it may be admissible to explain physical evidence or show consent.
Furthermore, evidence of prior acts or crimes may be admissible to prove identity, opportunity, or knowledge, especially if it aligns with the defendant's modus operandi. For instance, in United States v. Moran, the court admitted evidence of Moran's previous conviction for firearm possession as a felon to prove he "knowingly" possessed the weapon in the current case.
Mastering the rules of admissibility and exclusion for character evidence is crucial for trial lawyers. While Section 1100 of the Cal. Evid. Code allows any relevant evidence to prove character, restrictions apply when it is offered to attack or support a witness's credibility.
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Frequently asked questions
Common law is a "body of law" based on court decisions rather than codes or statutes. Common law systems can be traced back to England during the Middle Ages and are currently used in several countries, including the US, Canada, India, and Australia.
All relevant evidence is admissible unless there are specific reasons for exclusion. Evidence that is not relevant is not admissible. The admissibility of evidence is determined by the Federal Rules of Evidence (FRE) in federal trial courts and by state-specific rules in state courts.
Evidence that is generally inadmissible includes unlawful searches and seizures, incriminating statements made without the right to counsel, and certain privileged communications such as attorney-client privilege. Additionally, hearsay is typically inadmissible unless it falls under specific exceptions.
