I am taking a criminal law class and the questions is if a judge will not allow some evidence can it still be submitted on the case.
2007-01-21 05:28:19 · 9 answers · asked by luannsyers 1 in Politics & Government ➔ Law & Ethics
No, of course not. If the judge has excluded it it cannot be admitted UNLESS the opposite side introduces it in some way or additional evidence is brought in and the judge decides it supports admitting the original evidence. The bottom line is, the judges decision would stand in most cases.
LIB
2007-01-21 05:32:40 · answer #1 · answered by msliberalusa 2 · 0⤊ 0⤋
The only way that it can still be admitted into evidence is if you find some form of discovery beyond the fact or that the evidence is lead to by a witness of the defence. It's very difficult to get the latter of the two but the discovery is possible and is likely to find some way.
2007-01-21 05:31:45 · answer #2 · answered by jamesefm 2 · 0⤊ 0⤋
No. If a judge rules that evidence cannot be used, it has to be thrown out. Many times good solid evidence has to be thrown out because of the way it was obtained. But, no, it a judge won't allow it, you can't use it.
2007-01-21 05:37:07 · answer #3 · answered by David L 6 · 0⤊ 0⤋
It can be included in the case file, but may not be presented before the jury. It may be possible to find another avenue to present the same evidence, at which time it may be accepted. It all depends upon the type of case, type of evidence, and so-on.
2007-01-21 05:38:07 · answer #4 · answered by John 4 · 0⤊ 0⤋
If it is submitted, then the judge can decide not to allow it, and have it thrown out.
2007-01-21 05:31:13 · answer #5 · answered by Jalapinomex 5 · 1⤊ 0⤋
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2016-12-12 16:49:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The answer to your question, ultimately, is "It depends". If the defense brings it up in their testimony, they have opened the door for it to get in. There are other ways as well. However, your chances are slim of getting it in.
2007-01-21 05:31:11 · answer #7 · answered by cyanne2ak 7 · 3⤊ 0⤋
if the judge says no, then it's no
2007-01-21 05:31:32 · answer #8 · answered by ? 7 · 0⤊ 0⤋
no, thats what "will not allow" means
2007-01-21 05:30:29 · answer #9 · answered by rhino_man420 6 · 0⤊ 0⤋