Evidence is how each side tries to prove its case, and a judge decides what the jury may see and hear. Understanding why certain evidence may be inadmissible, and how a challenge to it is raised, is an important part of a criminal defense.
As a criminal defense firm, we regularly see disputes about the admissibility of evidence. Evidence must meet the requirements of the Constitution, South Carolina statutes, and the South Carolina Rules of Evidence before it can be used at trial. This page is general information, not legal advice, and a licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on it. Our defense attorneys can review how evidence was gathered in your case.
Examples of Inadmissible Evidence
Inadmissible evidence is evidence that a court may not allow because it does not meet the constitutional requirements, statutes, or rules of evidence. In South Carolina, evidence that is not relevant is not admissible (Rule 402, SCRE). Even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (Rule 403, SCRE). Evidence obtained through an unconstitutional search may also be excluded (Mapp v. Ohio, 367 U.S. 643 (1961)).
Other common grounds include relevancy, the hearsay rule, character evidence, authentication, and the best evidence rule.
- Relevancy: Relevant evidence is evidence having any tendency to make a fact that matters to the case more probable or less probable than it would be without the evidence (Rule 401, SCRE).
- Hearsay Rule: Hearsay is a statement, other than one made by the person while testifying at the trial or hearing, offered to prove the truth of what it asserts (Rule 801, SCRE). Hearsay is not admissible unless a rule or statute allows it (Rule 802, SCRE).
- Character Evidence: Evidence of a person’s character or a trait of character is generally not admissible to prove that the person acted in line with that character on a particular occasion (Rule 404, SCRE). The rule has exceptions, including a pertinent trait offered by the accused.
- Authentication of Evidence: The party offering evidence must offer enough proof to support a finding that it is what the party claims it is (Rule 901, SCRE).
- Best Evidence Rule: To prove the content of a writing, recording, or photograph, the original is generally required, with exceptions set out in the rules (Rule 1002, SCRE). A duplicate is admissible to the same extent as an original unless a genuine question is raised about the original’s authenticity or it would be unfair to admit the duplicate (Rule 1003, SCRE).
Types of Evidence
Courts see several types of evidence, and each is subject to its own rules for admissibility.
Real Evidence
Real evidence, also called physical evidence, is a tangible object presented in court, such as a weapon or another object connected to the case. It is usually presented through witness testimony or photographs, and it must be authenticated.
Documentary Evidence
Documentary evidence includes documents such as emails, letters, and contracts. A writing can be used as evidence only if it is relevant and is authenticated as what it is claimed to be, and the best evidence rule can apply to proving what it says.
Demonstrative Evidence
Demonstrative evidence is used to illustrate a point, such as diagrams and models that show the position of objects at a scene. It is often presented through a witness who explains how it relates to the case.
Hearsay Evidence
Hearsay is evidence of an out-of-court statement offered to prove that what it says is true. It is generally not admissible unless a rule or statute allows it. There are exceptions. Some statements are not treated as hearsay, such as a party’s own statement offered against that party (Rule 801(d), SCRE), and the rules list other exceptions (Rule 803, SCRE). Which one applies depends on the facts.
Character Evidence
Character evidence is used to show a person’s character traits or conduct. It can include testimony about a person’s past behavior or record. In general, it is not admissible to prove that a person acted in line with that character. Evidence of other crimes, wrongs, or acts may still be admitted for limited purposes, such as to show motive, identity, a common scheme or plan, absence of mistake or accident, or intent (Rule 404(b), SCRE).
What Is the Difference Between Admissible and Inadmissible Evidence?
Admissible evidence is evidence that satisfies the Constitution, South Carolina statutes, and the rules of evidence, so that the jury may consider it. Inadmissible evidence does not satisfy them and may not be used.
Admissible evidence must generally be relevant and, where needed, authenticated. Inadmissible evidence can include hearsay that no exception covers, character evidence offered for a prohibited purpose, evidence whose unfair prejudice substantially outweighs its probative value, and evidence obtained in violation of a person’s constitutional rights.
Learn More: What to Expect From Criminal Court
For example, fingerprint or DNA evidence may be offered in a criminal trial to connect a person to a scene. It can be admitted only if it meets the rules, including relevance and authentication, and if it was lawfully obtained. The defense may challenge any of those points, and the judge decides.
What Are Some Factors That Make Evidence Inadmissible?
The rules of evidence and constitutional law determine whether evidence is inadmissible. Common factors include:
- Relevance: Evidence that is not relevant to the case can be excluded (Rule 402, SCRE).
- Reliability and authenticity: Evidence that cannot be authenticated, or testimony that is hearsay without an exception, can be excluded.
- Unfair prejudice: Relevant evidence can be excluded when the danger of unfair prejudice, confusion, or misleading the jury substantially outweighs its probative value.
- An unlawful search or seizure: Evidence obtained through an illegal search or without a valid search warrant, when no exception applies, may be excluded. See our page on your Fourth Amendment rights. There are exceptions, so a court decides case by case.
- Statements taken without Miranda warnings: The prosecution may not use statements that come from custodial interrogation unless it shows that procedural safeguards were used to protect the privilege against self-incrimination (Miranda v. Arizona, 384 U.S. 436 (1966)).
- Involuntary confessions: A defendant has a constitutional right to object to the use of a confession and to have a fair hearing and a reliable determination of whether it was voluntary (Jackson v. Denno, 378 U.S. 368 (1964)).
What If Evidence Is Considered Inadmissible?
If a court rules that evidence is inadmissible, it cannot be used to prove a fact in the case. The defense may file a motion, such as a motion to suppress evidence from an unlawful search, or may object when the evidence is offered at trial. The trial judge decides whether to allow the evidence, and the prosecution may argue that an exception applies.
When to Talk With a Criminal Defense Attorney
Whether a particular piece of evidence can be used often decides how a case is argued. An attorney can review the police reports, the way evidence was collected, and the rules that apply, and can tell you which objections may be available. No attorney can promise how a judge will rule.
Touma Law Group handles criminal defense cases. Contact us at (864) 618-2323 to talk about your situation. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on this general information.
