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 the attorney during 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 attorney as the study sample because of his prolonged exposure in 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. This episode followed an email containing interview questions to help prepare for the course. The admission of evidence in the court introduces a defendant to various rights because the constitution provides immunity against legal strains.

Roles of a Court Attorney

The interview commenced with a request that the interviewee introduces himself hence presenting the name Samuel Alito, Jr, the former lawyer for one of New Jersey’s district court. As part of the introduction, the interviewee explained that an attorney is a legal officerworking under the Attorney General and who enforces the law within the jurisdiction as a federal representative in criminal and civil cases (Martens, 2017). He further asserted that the American attorney is the presidential appointee whose name needs approval from the Senate for a four-year term. Mr. Alito illustrated that his work as the attorney requires the prosecution of federal criminal cases, defend or prosecute civil cases involving the United States as well as collecting debts for the federal government from administrative agencies who have failed to pay.

Defendant’s Rights

After this brief description of the attorney, I also offered my basic knowledge about various types of defendants’ rights.I explained to him that the Fifth, Sixth, and Eighth Amendments provide a criminal defendant with some liberties and freedom. First, I told him that the law considers an alleged suspect or defendant “blameless until there is sufficient evidence by the prosecution to prove otherwise” (Martens, 2017). More so, I outlined the defendant’s privileges and freedoms as that requiring one to remain silent, liberty to face witnesses, and liberty to undergo a public trial. Either, I included the freedom to experience a jury trial, the privilege of having a quick examination, toenjoy the services of a civil attorney if unable to acquire one, the liberty to access sufficient representation, and the privilege of not experiencing multi-case jeopardy.

Attorney’s Involvement a Criminal Trial

I requested the attorney to describe his involvement in the legal aspects of a criminal case. At this point, this legal officer tore into the admissibility of evidence. He stated that during 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 judge or jury. Mr. Alito explained that 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).  This officer further states that it is not proper to introduce evidence in the trial without assistance from an experienced criminal defense attorney.

Mr. Alito explained that 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

When I asked the interviewee on the courts consider as credible evidence, Mr. Alito enlightened me that the criminal justice system could use many forms of evidence. For instance, the 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.

According to Mr. Alito, 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 interview conducted on the attorney offered in-depth knowledge on how a defendant could stage a strong defense during the trial’s introductory stage. This officer clarified that the court accepts specific types of evidence. He also advised that 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/