Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
When is Evidence Admissible Vs. Inadmissible?
Criminal cases are based on evidence. Because the U.S. Constitution guarantees that defendants are innocent until proven guilty beyond a reasonable doubt, the evidence presented by the prosecution must be enough to outweigh that offered by the defense. Not everything can be used as evidence though, and many rules determine the admissibility of evidence in […]
Can a Diary be Used as Evidence? Are Diaries Admissible in Court?
Diaries and journals can be written for many reasons, but one thing most of these writers have in common is the expectation that their private thoughts and observations will be kept confidential. Unfortunately, the US legal system doesn’t hold diaries as a protected source of speech that can’t be used against their writer later on. […]
Evidence Tampering Laws in Vista, California: 132 (PC), 134 (PC), 135 (PC), and 141 (PC)
Evidence integrity in the court system is critical, especially as the US justice system requires prosecutors to prove the defendant’s guilt beyond a reasonable doubt. Unreliable or missing evidence could result in great injustices. To protect evidence accuracy, California has passed many laws prohibiting its destruction, concealment, or alteration. If you have been accused of […]
What is Hearsay in Vista Under California Evidence Code 1200 (EC)
Pretty much any show or movie with a courtroom trial scene features the TV Trope of a lawyer objecting to something because it’s hearsay. But what is hearsay, exactly, and why can’t it be used in courts in Vista? Lawyer Peter M. Liss explains California Evidence Code section 1200 (EC), including the exceptions that allow […]
California Polygraph Law on Lie Detector Test Admissibility
Everyone has heard of polygraphs (often called “lie detectors” by the public) being used by police or prosecutors, but are these tests even admissible in court in California? As it turns out, California law about evidence admissibility makes it very unlikely that a lie detector test’s results will be admitted in court. However, police still […]
