What are the rules of evidence-gathering at a criminal trial?

At a criminal trial in Virginia, evidence-gathering rules are governed by the rules of criminal procedure. These rules establish what kind of evidence is admissible to be presented in court and how it must be collected. In Virginia, evidence can usually only be presented at trial if it was obtained lawfully. For example, a confession obtained through coercion is not admissible; only confessions given voluntarily and without any external influence are allowed in court. Additionally, any evidence that was obtained in violation of a person’s constitutional rights is also inadmissible. Virginia also has a hearsay rule, which states that statements made by a witness outside of court cannot be admitted as evidence at trial. The only exceptions to this rule are if the statement was made in “furtherance of a conspiracy,” or if it was made against the speaker’s own interest. Additionally, witnesses are not allowed to present “expert opinion” as evidence, unless it meets certain criteria. Finally, physical evidence such as documents, tools, weapons, and clothing must always be authenticated. This means that the court must be convinced that the evidence is indeed what it purports to be. To do this, the person presenting the evidence must provide proof such as witnesses, statements, and photographs. Overall, the rules governing evidence collection at a criminal trial in Virginia are designed to ensure the fairness of the trial.

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What are the rules of evidence-gathering at a criminal trial?

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