What are the rules of evidence-gathering at a criminal trial?
In the state of Illinois, the rules of evidence-gathering at a criminal trial are laid out by the Illinois Rules of Evidence. These rules are designed to protect the rights of both the defendant and the prosecution and to ensure that cases are tried fairly. The rules of evidence-gathering at a criminal trial cover topics such as hearsay, authentication of exhibits, privileged communications, and the use of presumptions. Hearsay is an out-of-court statement that is offered in court as evidence and is considered inadmissible unless it falls under a specific exception. Authentication of exhibits refers to the process by which the court must determine that any physical or documentary evidence presented is actually what it is claimed to be. Privileged communications are conversations that take place between a defendant and his or her lawyer which are not disclosable to the court. Finally, the use of presumptions is when a judge or jury is allowed to assume that certain facts are true based on the evidence presented. In the state of Illinois, any evidence that has been gathered must follow the Illinois Rules of Evidence in order to be admissible in court. The court must also be presented with sufficient evidence for a conviction. If either of these conditions is not met, then the court may not convict the defendant.
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