What are the rules of evidence-gathering at a criminal trial?
At a criminal trial in Texas, evidence-gathering is done according to the Texas Rules of Evidence (TRE). Evidence is gathered to prove guilt or innocence in a criminal trial. There are four main rules when gathering evidence at a criminal trial: 1. Relevance: The evidence must be relevant to the criminal matter and must tend to prove or disprove an element of the crime. 2. Admissibility: All evidence considered must be legally admissible, meaning it must follow Texas’ laws and cannot be based solely on hearsay or opinion. 3. Authentication: The evidence must be authenticated, meaning it must be verified to be genuine or accurate. 4. Best Evidence Rule: When evidence is a writing or a record, it must be the original, or as close as possible to the original. These rules ensure that accurate evidence is gathered for criminal trials in Texas and that each trial is conducted fairly. Evidence gathered outside the rules of the TRE is not generally allowed to be used in court. Furthermore, evidence obtained illegally by police, such as through an illegal search and seizure, may not be used in a criminal trial.
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