Basically, evidence is only admissible if it relevant. Evidence is relevant if it has any tendency to make a material fact more probable or less probable than would be the case without the evidence. This book discusses the several limitations on the admissibility of relevant evidence. Evidence of a person’s character,reputation, habits, and opinions will often be relevant, but the admissibility of this evidence is strictly governed by the Federal Rules of Evidence, which most states’ rules of evidence have copied.
The different kinds of evidence including hearsay and the rules governing their admissibility form the foundations of evidence law which are discussed throughout this book.
For example, “ a photograph of a crime scene displaying a lot of blood or a dead body
will be relevant, as proof of a murder. However, a grisly photograph will also very likely inflame the jury, who will look to hold someone responsible for what they saw. Is the photograph’s probative value substantially outweighed by its unfair prejudice?”
My favourite section is the part on impeachment which is used as a way of attacking an opposing party’s or witness’ credibility is also explained. Credibility is defined as whether a witness is believable, specifically in reference to their honesty, memory, and perception of events.
There are several methods to impeach a witness, including prior inconsistent statements, bias, motive, interest, reputation, and deficient perception.
Legal jargon is simplified and made easy to understand by this author.
Dr. Vook Ph.D; Charles River Editors (2011-04-01). Evidence Law 101: The TextVook (Kindle Locations 154-155). Vook. Kindle Edition.
No comments:
Post a Comment