ABSTRACT

Evidence that helps prove or disprove an issue in a criminal case generally should be admitted for consideration, however, some limitations apply to admissibility of some evidence. In the interests of discovering the truth, this chapter concerns how to determine which evidence should be admitted into court and which items of evidence should be logically excluded, giving due consideration for fairness and justice. Evidence that helps prove or disprove a point is generally considered logically relevant and will often be admitted. Discussion concerning which items of evidence should be admitted or excluded includes evidence that tends to prove or disprove identity of things and people, circumstances of the crime, prior bad acts, defenses, and scientific testing. Specific case examples are presented as demonstrative learning tools to assist the reader in determining which items of evidence should be admitted in individual cases.