{"id":352267,"date":"2024-01-03T15:04:04","date_gmt":"2024-01-03T20:04:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/evidence-the-concept-of-admissibility.html"},"modified":"2024-01-03T15:04:04","modified_gmt":"2024-01-03T20:04:04","slug":"evidence-the-concept-of-admissibility","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/evidence-the-concept-of-admissibility.html","title":{"rendered":"Evidence: The Concept of ‘Admissibility’"},"content":{"rendered":"\n
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Evidence: The Concept of 'Admissibility'<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Admissibility refers to whether a piece of evidence qualifies to be considered in a court decision. For evidence to be admissible in criminal trials, it must be relevant, material, and competent. It must help prove or disprove some fact in the case. <\/p>\n\n <\/div>\n\n

Evidence doesn’t need to make the fact certain, but at least it must tend to increase or decrease the likelihood of some disputed fact. Evidence is "competent" if it complies with certain traditional notions of reliability.<\/p>\r\n

This article explores the four types of evidence. It also covers issues with the competency, admissibility, and reliability of different kinds of evidence. But to get legal advice for criminal charges, you can discuss evidence with a criminal defense lawyer<\/a>. <\/p>\r\n

Who Decides Whether To Admit Evidence?<\/h2>\r\n

A trial judge<\/a> reviews the evidence that each side brings forth. Once admitted as relevant evidence, the jury (factfinder) will determine the appropriate weight to give a particular piece of evidence.<\/p>\r\n

The Sixth Amendment guarantees the right to a jury trial<\/a>. But a criminal defendant can waive this constitutional right and request a bench trial. Then, a judge presides over the case and becomes the trier of fact.<\/p>\r\n

What Is Legally Admissible Evidence?<\/h2>\r\n

Federal trial courts (in both criminal and civil cases) use the Federal Rules of Evidence<\/a> (FRE) to determine the admissibility of evidence. Each state has developed its own rules of evidence that govern state court civil and criminal proceedings. The state rules closely follow the FRE.<\/p>\r\n

What Makes Evidence Inadmissible in Court?<\/h2>\r\n

A judge may decide to exclude a relevant fact when its potentially damaging effects outweigh its usefulness. FRE 403 <\/a>outlines situations where judges may exclude such evidence.<\/p>\r\n

Evidence may be inadmissible in scenarios where it will:<\/p>\r\n