What are the rules on evidence-gathering in criminal cases?
In Delaware, evidence-gathering in criminal cases is regulated by the Rules of Evidence. These rules exist to ensure that evidence used in criminal proceedings is relevant and reliable. The Rules of Evidence generally allow for evidence to be considered if it is obtained in a lawful manner. This means that evidence must be obtained in an ethical and fair manner or it will not be allowed in court. This includes making sure that evidence is legally obtained and that the proper procedures are followed when searching and seizing evidence. When it comes to gathering digital evidence, the Rules of Evidence also state that any evidence obtained electronically must be authenticated according to the established standards for electronic records. This means that the evidence must be verified in order to be considered reliable. The rules also govern what types of evidence can be considered in court. Generally, evidence that is considered to be too prejudicial or not related to the case at hand is not allowed. Also, evidence that is hearsay--that is, information from someone who is not a witness to the case--is not usually considered in court. These rules allow for the criminal justice system in Delaware to run effectively by providing guidelines for the collection and use of evidence in criminal cases.
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