Judges rule on evidentiary objections and their rulings are appealable by either party.

Evidence

Many rules of evidence are not so clear, however, and the prosecution and defense may differ on whether some testimony or physical evidence is admissible. For example, courts usually exclude testimony about a victim’s sexual history in rape trials, because it has no bearing on whether the crime was committed and may prejudice jurors’ consideration of the case. But in the period prior to the scheduled opening of the sexual assault trial of Kobe Bryant, defense attorneys and prosecutors sparred over whether the defense could introduce evidence of other sexual encounters by Bryant’s accuser. When either side objects to the admission of a piece of evidence, the judge must apply the law of evidence in ruling on the objection. If the defense unsuccessfully objects to the admission of evidence that is then used to secure a conviction, it may appeal the judge’s interpretation of the law of evidence. Similarly, the prosecution may appeal the exclusion of evidence it deems vital to its case. — G. Alan Tarr, Judicial Process and Judicial…, 852

Categorization

  • DEFINE: Defines the evidentiary objection and appeal procedure in concrete, examinable terms.
  • XREF: The exclusion of a victim’s sexual history connects to evidentiary rules like rape-shield statutes. — connects to: Evidence rulings by trial judges are appealable by either party — G. Alan Tarr, Judicial Process and Judicial…, 1387; Judges decide whether discovery requests are legitimate when a party objects. — G. Alan Tarr, Judicial Process and Judicial…, 2229; Political pressure, not the court judgment alone, deterred an appeal — Luke W. Cole and Sheila R. Foster, From the Ground Up: Environmental…, 84

Broader Connections