You are here: Information Center >> Criminal Law >> Evidence >> Admissibility

Admissibility

Whether the judge will allow the prosecution or defense to present their evidence depends on a long list of determinations the court must make.

• Is it relevant, i.e., does it have a bearing on the case?
• Is it material?
• Was it legally obtained?
• If it is prosecution evidence, is the defendant aware of it?
• Has a proper chain of custody been established?
• Is it prejudicial or unfair to the defendant?
• Will the jury be misled or confused?
• Is the evidence more of the same, or cumulative?

Additionally, evidence can be admitted for limited use only. For example, evidence of a prior crime committed by the defendant might be limited to proving the defendant's identity only and not that he committed the present crime.