Evidence Exclusion

Discuss the rationale for excluding evidence and provides examples.

Answer:

The rationale for excluding evidence from legal proceedings is rooted in principles of fairness, reliability, and justice. Excluding certain evidence serves to uphold the integrity of the legal process and ensure that trials are conducted in a manner that is consistent with constitutional protections and procedural safeguards. Below are several key reasons for excluding evidence, along with examples:

  1. Violation of Constitutional Rights: Evidence obtained through unconstitutional means, such as illegal searches and seizures or coerced confessions, is typically excluded from trial. This exclusionary rule, derived from the Fourth Amendment of the United States Constitution, aims to deter law enforcement misconduct and protect individuals’ rights against unreasonable searches and seizures. For example, if the police conduct a search without a warrant or probable cause and seize incriminating evidence, that evidence may be excluded from trial.
  2. Unreliability or Lack of Trustworthiness: Evidence that is unreliable or lacks credibility may be excluded from trial to ensure a fair and just outcome. This could include hearsay evidence, which is an out-of-court statement offered to prove the truth of the matter asserted, but is generally not admissible unless it falls within an exception. For instance, if a witness testifies about a statement made by someone else outside of court, and there is no opportunity to cross-examine the original speaker, the hearsay statement may be excluded.
  3. Prejudice or Unfair Prejudicial Effect: Evidence that is unduly prejudicial or likely to inflame the passions of the jury may be excluded if its probative value is substantially outweighed by its prejudicial effect. This is particularly relevant in cases where the evidence could unfairly sway the jury’s decision based on emotional appeal rather than logical reasoning. For example, gruesome or highly inflammatory photographs or videos may be excluded if their prejudicial impact outweighs their relevance to the case.
  4. Violation of Privileges: Certain communications are protected by legal privileges, such as attorney-client privilege or doctor-patient privilege. Evidence that violates these privileges, such as confidential communications between an attorney and their client, may be excluded from trial to preserve the confidentiality and trust underlying these relationships.
  5. Procedural Violations or Non-compliance: Evidence obtained in violation of procedural rules or legal requirements may be excluded to maintain the integrity of the legal process. For instance, if evidence is not disclosed to the opposing party in accordance with discovery rules, it may be excluded from trial as a sanction for non-compliance.

In summary, excluding evidence from legal proceedings is justified to ensure fairness, reliability, and adherence to legal principles. By upholding these standards, the legal system aims to safeguard individual rights, promote trust in the judicial process, and facilitate just outcomes in criminal and civil cases.

 

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with Boom Grades
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
english comp
Thank you for all your hard time.
Customer 452509, June 27th, 2021
English 101
perfect! thanks!
Customer 452543, December 1st, 2021
Gerontology
Thank you so much this looks great !!!!
Customer 452585, November 4th, 2023
Classic English Literature
Awesome Job... you are the best!
Customer 452531, November 27th, 2021
Exercise Science
Thank you so much for your time.
Customer 452545, December 5th, 2021
Classic English Literature
Great Work as Usual. Thank you . I received an A on the paper!
Customer 452531, November 9th, 2021
Public Health
Thank you so much !!
Customer 452589, November 28th, 2023
English comp
Got a 94% thank you!
Customer 452509, June 27th, 2021
Classic English Literature
Absolutely LOVE the essay I received. I really appreciate it so much.
Customer 452529, October 25th, 2021
Religious studies
I recommend this service they always help. I got an A in this project thanks.
Customer 452507, October 5th, 2021
world civilization
Thank you for the quick response
Customer 452509, June 27th, 2021
english comp
Great paper and done before the deadline. Thank you
Customer 452509, June 15th, 2021
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat