Rules of Evidence in the United States

Standards that govern the presentation of evidence at a trial. The rules of evidence are designed to facilitate the truth-seeking function of the adversary process. Rules of evidence come largely from decisions of appellate courts, but are also established by statute. The rules generally focus on the admissibility of particular evidence. Trial judges make determinations about admissibility of evidence in individual cases based on the general principles contained in the rules.

See Also

Evidence (Criminal Process) Exclusionary Rule (Criminal Process) Hearsay (Criminal Process).

Analysis and Relevance

The primary objective in setting rules of evidence is that trials produce judgments based on truthful evidence. The basic theme of the rules is the truthfulness or reliability of evidence. Hearsay evidence is not permitted, for example, because it is indirect or second hand. Information represented second hand is generally regarded as unreliable because the source cannot be subjected to tests of truthfulness, principally cross-examination. Evidence must also be directly related to the issue before the court. That a person was expelled from a school for cheating would not be germane to a person’s criminal trial. Some reliable evidence may also be inadmissible if it was obtained illegally. If law enforcement officers improperly elicit an incriminating statement from a person under arrest or improperly seize evidence from someone, it may be inadmissible under the Exclusionary Rule (U.S.). The objective of the Exclusionary Rule (U.S.) is to deter governmental misconduct even at the cost of not allowing reliable evidence to be considered at a trial. Challenge of the admissibility of particular evidence in criminal proceedings comes in the form of a pretrial suppression motion. If a jury hears any evidence it should not, the judge will instruct the jurors to disregard it. If the evidence is too prejudicial, and the instruction to disregard will not sufficiently repair the problem, a mistrial can be declared.

Notes and References

1. Definition of Rules of Evidence from the American Law Dictionary, 1991, California

Rules Of Evidence in State Statute Topics

Introduction to Rules Of Evidence (State statute topic)

The purpose of Rules Of Evidence is to provide a broad appreciation of the Rules Of Evidence legal topic. Select from the list of U.S. legal topics for information (other than Rules Of Evidence).

Resources

Further Reading

• Information about Rules Of Evidence in the Gale Encyclopedia of American Law.