Topic > The Rules of Evidence - 822

The Rules of Evidence: In today's society there are rules that define the evidence relating to the trial of a defendant. These rules are referred to as “The Rules of Evidence” or “The Law of Evidence”. These rules create a safe and orderly environment, promote efficiency and improve the quality of evidence relating to all criminal trials. These rules limit what a jury can and cannot hear or see, the details of the law, and the importance of effective law enforcement performance. Americans are well aware of the rules governing trials; but what they are, what they mean, how they apply to each case and how they are divided. The rules of evidence are prescribed by Congress and can be found in Title 28 of the United States Code Annotated (Scheb JM). Judges and juries are governed by the law of evidence; they also evaluate different forms of evidence in a trial. This evidence in many ways is an extension of a criminal or civil proceeding. The law of evidence establishes limitations that are enforced in court against lawyers and attempts to control the events presented by a trial procedure. Federal courts follow the Federal Rules of Evidence (FRE) that began in 1942; while state courts follow their own rules. State regulations are imposed by a group of different state legislatures. The FRE is the most significant body in American evidence law. Most evidentiary laws are packaged into 68 short but complex sections. The FRE is considered an extremely significant factor in the development of US evidence laws. Prior to 1975, U.S. evidence laws were based on common law practice. The FRE was drafted in 1942 and proposed by a committee made up of professionals, judges and profes. There is no real way to reject the use of certain rules to protect and/or eliminate evidence. The accused must preserve his constitutional rights. Prosecutors and investigators must also be accountable for these rights to ensure that the justice system in this nation does not become a hodgepodge of wrongful or unjust convictions, which may be motivated by speed and necessity, rather than good police experience and from legal work. It is also important to note that many legal violations of the disclosure rules and facts that would have garnered the exclusionary rule have resulted in false convictions, providing further evidence of the law's effectiveness. The rules for the presentation of evidence are designed to help the court and jury determine the truth and administer justice (Paul B. Watson, 1986).