Many individuals in Georgia face criminal charges for various offenses, ranging from driving under the influence (DUI) to violent crimes such as assault or theft. Their attorneys play a role in defending against these charges, which often involves challenging the evidence presented by the prosecution.
As part of this process, defense lawyers may seek to exclude certain types of evidence from court proceedings. It is important for those facing charges to understand when evidence becomes improper to admit in court.
Evidence inadmissibility
Before a crime turns into a criminal conviction, the court must see different pieces of evidence that prove a person’s guilt beyond a reasonable doubt. However, not all evidence gathered by law enforcement is admissible in court. Several factors can make evidence inadmissible:
- Police conduct illegal searches
- Officers mishandle evidence
- Witnesses give secondhand information (hearsay)
- Prosecutors present irrelevant evidence
- Law enforcement violates suspect’s rights
- Lawyers disclose private conversations
- Evidence’s prejudicial effect substantially outweighs its probative value
Georgia law allows judges to exclude evidence, even if it is relevant, when its negative effects outweigh its probative value.
An example of when courts may exclude evidence
In a murder trial, a prosecutor wants to show graphic crime scene photos. While relevant, the judge must consider their effects on the jury. If the pictures are unnecessarily gruesome and do not provide crucial information beyond other evidence, the judge may exclude them.
Georgia law allows judges to rule evidence out when its negative effects, such as unfairly swaying the jury or causing confusion, are greater than its importance to the case. This process helps ensure that only fair and relevant evidence is presented at trial.