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However you are forgetting in our court systems evidence can be thrown out because it was not admitted according to the Rules of Civil/Criminal/Appellate Proced
by Powerofmene 9y ago
However you are forgetting in our court systems evidence can be thrown out because it was not admitted according to the Rules of Civil/Criminal/Appellate Procedures. At that point it isn't about trust or what people feel, it is only about evidence a jury can consider.
It would be akin to having to acquit someone you feel is quite because the state failed to make their case or because the state made their case but screwed up something on a technicality and now you cannot consider that single piece of evidence in deciding which side prevails.
In courts there is proof, evidence and admissible evidence. At the end of the day only the latter matters.
- belorn 9y agoSo was evidence thrown out because of procedure violation in this case? I would note that this aspect is a construct of common law. In civil law all evidence is admissible, and the facts that would cause evidence to be inadmissible in common law would simply be additional context in civil law.
- Powerofmene 9y agoNot that I am aware of but all evidence is not admissible in civil court. It must be correctly admitted into evidence, it must be authenticated or meet a business records exception, can't be hearsay, etc. and must meet the rules of evidenceto name a few.
- dilemma 9y agoCompletely irrelevant to this discussion.