How do you know if evidence is sufficient?
Rule of thumb: Evidence is sufficient when it is logical, factual, and true. Whether or not a source is CREDIBLE sometimes depends on its MOTIVES. by influencing individuals’ behavior or choices.
What does sufficient mean?
1a : enough to meet the needs of a situation or a proposed end sufficient provisions for a month. b : being a sufficient condition. 2 archaic : qualified, competent.
What does it mean to provide evidence?
: to talk and answer questions about something especially in a court of law while formally promising that what one is saying is true : testify You may be asked to give evidence at the trial.
What is prosecution evidence?
242.Evidence for prosecution.- (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.
What type of evidence is not allowed in court?
Primary tabs. Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
What is the penalty for withholding evidence?
According to the Los Angeles Times, the new state law makes it a felony, rather than a misdemeanor, for prosecutors to alter or intentionally withhold evidence that could be used to exonerate defendants. Violators of the law could be sentenced to up to three years in prison
What are the legal ramifications of hiding evidence?
Penal Code 135 PC is the California statute that makes it a crime willfully to destroy or hide evidence that may be relevant to a trial, police investigation or other legal proceedings. This offense is a misdemeanor punishable by a term of up to 6 months in county jail.
How do you prove spoliation of evidence?
To establish a claim for spoliation by a non-party, the plaintiff must prove six elements: (1) existence of a potential civil action, (2) a legal or contractual duty to preserve evidence which is relevant to the potential civil action, (3) destruction of that evidence, (4) significant impairment and the ability to …
What happens if evidence is suppressed?
Often, the suppression of the right evidence can lead a jury to acquit you at trial, or even to the dismissal of charges before a trial ever happens. If the motion is successful, the prosecutor can no longer use that drug evidence to prove that you possessed drugs
Who decides if evidence is admissible at trial?
Primary tabs. Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered.
How do you exclude evidence?
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.