1.3 What is Evidence
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FAQ
What is evidence? Evidence means testimony, writings, materials objects or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.
Hearsay evidence generally is inadmissible unless it falls within an exception or exclusion set out in the Federal Rules, a federal statute, or a Supreme Court rule.
Primary tabs. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
The two exemptions from the hearsay rule are (1) testimony given by a party during his deposition; and (2) evidence introduced to prove a party admission.
There are two types of evidence; namely, direct evidence and circumstantial evidence.
A defendant's statement is direct evidence only if it constitutes a relevant admission of guilt. . . . ?By contrast, where the defendant makes an admission that merely includes inculpatory acts from which a jury may or may not infer guilt, the statement is circumstantial and not direct evidence. . . .
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
