Evidence Admission during Trial Background Information

Evidence Admission during Trial

Background Information

 Reviewed literature shows that lawyers, commonly known as attorneys, play a critical role in influencing criminal investigations and prosecution procedures. For this work, I conducted an in-depth interview to explore the legal function of a Texas County judgeduring the introduction of evidence in a criminal trial and, more so, other critical aspects that protect the rights of the criminal defendant in a suit. I chose a highly experienced judge for a study sample because of his prolonged exposure to the field of criminal law. Considering the previous knowledge on this topic, from the time the cops arrest and charge a suspected criminal before the criminal justice system, such a person becomes a criminal defendant whom the law offers specific categories of rights. Bearing in mind that the interview was to happen through an email, I had earlier emailed and requested for willing participation in the session, something he agreed. As a result, the following is a summary of the interview content. The admission of evidence in the court introduces a defendant to various rights because the constitution provides immunity against legal strains.

Roles of a Texas County Judge

The interview commenced with a request that the interviewee introduces himself hence presenting the name Johnson Benson, the former lawyer, and Texas County Judge.As part of the introduction, it emerged that the Texas County Judgeis a chief administrator and chief executive officer with limited authority of conducting administrative hearings (Martens, 2017).In this regard, a Texas County judge takes office through a partisan election for a four-year term. The duty of a county judgeincludes presiding over misdemeanor criminal and small civil cases and, more so, probate issues and appeals from the Justice of the Peace Court. This officer also serves as the head of emergency management.

Defendant’s Rights

The Fourth Amendment bars the use of illegally obtained evidence in the case proceeding. This right emerges as the defendant’s privilege to probable cause for searches and seizure. Either, the Fifth, Sixth, and Eighth Amendments provide a criminal defendant with some liberties and freedom. The law considers an alleged suspect or defendant “blameless until there is sufficient evidence by the prosecution to prove otherwise” (Martens, 2017). More so, the defendant’s privileges and freedoms include the provision that requires one to remain silent, liberty to face witnesses, and liberty to undergo a public trial. Other benefits a defendant is entitled to include freedom to experience a jury trial, the privilege of having a quick examination, and the entitlement to the services of a civil attorney if unable to acquire one. At the same time, the defendant has the liberty to access sufficient representation and the privilege of not experiencing multi-case jeopardy.

Texas County Judge’s Involvement a Criminal Trial

Regarding the judge’sinvolvement in the legal aspects of a criminal case, there is a need to understand the admissibility of evidence.  When the judge presides over any criminal trial, either the defense or prosecution can introduce evidence in the case. In this case, this evidence would help to signal the decision of either the Texas Judge or jury. A criminal trial could only accept certain things as evidence during the introductory stage; thus, the said evidence needs to adhere to the rules of evidence by the federal criminal courts such as the national Code of evidence. Here, there is no assumption that the court can use anything for proof (Martens, 2017).It is not proper to introduce evidence in the trial without assistance from an experienced criminal defense attorney.

When one is about going on trial, it is crucial to undergo the discovery phase. At such time the defendant and the prosecution would need to collect proofsand facts which would provide clarity in the case. Despite time constrain, the defendant needs to engage in activities such as subpoena witnesses as well as getting copies and documents (Martens, 2017). The magnitude of the case could make this phase to be tedious and time-consuming, yet it is crucial to utilize it.

Valid Evidence during Trial

Regarding the type of evidence considered for the trial, it emerged that the criminal justice system could use many forms of evidence. For instance, the four judges of the Texas County Court could rely on testimonies, deposition, records, and copies for proof. Here, the statement could be in the form of a witness or people with valid information about the case, those with authority or ownership over specific evidence, namely record keepers, as well as professionals whose facts could prove many elements on the matter (Martens, 2017). Deposition refers to the written or verbal proofs given under oath before the court reporter whose role is to transcribe these facts for use in the given situation. The defendant could also depose a witness who is not able to avail in the court during the trial.

Records and copies are materials in terms of medical records, surveillance footage, case records, pictures, and other relevant documents that could qualify as evidence in criminal cases. Here, there are specific regulations on evidence that dictates the type of record or copies that qualifies as evidence during a trial.  As such, these laws could require the removal of some sources of information to safeguard specific individuals (Martens, 2017). If the defendant cannot obtain evidence believed to assist in the case, there is a need to subpoena a witness to access the court or be deposed or instead file a subpoena duces tecum to obtain copies of the needed document. Having acquired enough facts, one should duplicate each of them.

In conclusion, the summary of thisinterview shows an in-depth knowledge of how a defendant could stage a strong defense during the trial’s introductory stage. It provides highlights various categories of evidence that could shape the process of criminal litigation. As a result, the defendants could seek other alternatives to convince the need for acquittal from the alleged charges.

References

Martens, C. (2017). Introducing evidence in a criminal trial. CVI Law Offices of Christopher Martens, 26 March.https://www.tulare-kings-attorney.com/blog/2017/march/introducing-evidence-in-a-criminal-trial/