Lawyers' arguments and remarks are not evidence. The attorneys are not called as witnesses. (4) Anything you saw or heard when the court was not in session is not admissible as evidence. You must make your decision based entirely on the facts presented at trial. (5) The indictment is not admissible as evidence. It is merely a charge filed by the prosecutor that informs the defendant of the accusations against him/her.
In conclusion, what elements must be proved for a criminal conviction? In order to convict someone of a crime, all the elements of the crime must be proven beyond a reasonable doubt. While there may be cases where the jury can vote to convict even if they don't believe the accused is guilty of every element of the crime, in general, a verdict of guilt requires proof of each element.
Evidence that cannot be given to the jury or decision maker for a number of reasons, including unlawfully obtained evidence, evidence that is prejudiced (the adverse value outweighs the probative value), hearsay, evidence that is irrelevant to the case, and so on.
An attorney can decide not to offer evidence into court if he or she believes it will not help their case. For example, an attorney may decide not to offer evidence of another person's criminal record if they believe that it will only make the judge think badly of them. Attorneys often make this kind of judgment call during trial; if an attorney feels strongly about something not being offered as evidence, they have the right not to do so.
The decision about what evidence to offer up and what evidence not to offer has many factors behind it, including the choice of witnesses and questions to ask them. Evidence that is not offered may be because the attorney believes it won't help their case or because they believe it would only make things worse for their client. In either case, attorneys can make these judgments calls without putting themselves in conflict with the law.
This positive material is buried in the case file by the prosecutor and is not shared with defense counsel. Because the prosecution concealed evidence in violation of the defendant's rights, this is prosecutorial misconduct. The withheld evidence may be useful to the defense in preparing its case or in finding jurors who are willing to return a verdict despite their opposition to the death penalty.
The Constitution requires that all criminal defendants be given equal treatment by the prosecutor. In other words, the prosecutor cannot use his power over the course of the investigation or trial to favor one defendant over another. This principle also includes a duty to disclose evidence that might benefit the accused but which does not fall under the category of basic evidence (such as eyewitness testimony) or evidence that is obtained from third parties. If the prosecutor fails to disclose such evidence, he violates the defendant's right to due process of law.
Dennis killed himself on May 24, 1973, just two days before his scheduled execution for the murder of Helen Rainey. He had been incarcerated at Southern Ohio Correctional Facility in Lucasville since his conviction in 1975.
Dennis was convicted of killing Helen Rainey during an attempted robbery in Cleveland in February 1973.
An undesirable piece of evidence is one that not only harms your argument but is also unrelated to the merits of your opponent's case to be included. 611a (non-responsive): The witness is not responding to the question. 611b (irrelevant): The question calls for information irrelevant or unnecessary to resolve the issue before the court. For example, if a defendant is being tried for murder, testimony regarding an unrelated assault several years earlier is irrelevant.
Objectionable evidence is any evidence that is inadmissible under the rules of evidence. If evidence is inadmissible but not objected to at trial, it becomes part of the record and can be considered by the appellate court. If evidence is found to be objectionable at any time during the proceedings, the opposing party must object to its admission into evidence or raise the objection as a grounds for appeal.
In Illinois, all evidence which is irrelevant or immaterial to the issues in the case should be excluded by the court at any stage of the trial. Material evidence is evidence which would be likely to affect the judgment or decision in the case.
The evidence in the criminal case must either show or deny a significant fact. If the evidence does not pertain to a specific fact, it is deemed "irrelevant" and so inadmissible. It is also not legal in court. Evidence that is not relevant is excluded by law for a number of reasons, such as wasting time at trial and confusing the issues.
All evidence is divided into two categories: primary evidence and secondary evidence. Primary evidence can be described as evidence that directly proves or disproves a fact. For example, if I walk into a police station and tell them I was robbed at gunpoint, a police report of the incident would be primary evidence that I was indeed robbed at gunpoint. Secondary evidence is evidence that cannot be used to prove a fact but can be used to support other evidence that does prove a fact. For example, if the police find my driver's license at the scene of the crime, this would be secondary evidence that I was there during the robbery. This document would not be admissible as proof that I was there, but it could help prove that someone else was there.
Evidence is relevant if it has any possibility of making the fact being argued more or less probable than it would be without the evidence.