Trial Evidence

Trial Evidence

Criminal Procedure: Trial Evidence

Introduction to Trial Evidence

The evidence presented by the prosecution or by the defense may consist of the oral testimony of witnesses, documentary evidence, and physical evidence, such as a murder weapon with the defendant’s fingerprints on it. During direct examination, the oral testimony of witnesses is first presented by the party (prosecution or defense) who called the witness. The witness is then subject to a cross-examination, in which the opposing party attempts to discredit the testimony or demonstrate that it is incomplete. Following cross-examination, the original party may conduct a redirect examination of the witness in order to explain away matters brought out on cross-examination. The opposing party may then recross-examine the witness.

The privilege against self-incrimination allows the defendant to decline to take the witness stand in his or her own defense. It also generally entitles the defendant to have the judge instruct the jury that failure to testify shall not be taken as evidence of guilt. The prosecution must not knowingly use perjured (false) testimony against the defendant or suppress evidence favorable to the defendant. Generally speaking, the prosecution may not use evidence obtained in violation of the defendant’s constitutional rights. For example, evidence collected during an unreasonable police search or confessions obtained by torture are inadmissible at the trial to prove the defendant’s guilt.” (1)

Resources

Notes and References

Guide to Trial Evidence

In this Section

Pretrial Events (including Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial), Trial,

Jury, Trial Evidence, Trial Motions, Burden of Proof, Hung Jury, Motions After Trial, Sentencing (including Sentencing Probation and Parole), Appeals and Habeas Corpus.


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