States Evidence Rules

Rules of evidence govern the admissibility of facts during trials. Each state has its own rules of evidence while all federal courts adhere to the Federal Rules of Evidence. In addition, evidence rules for civil cases differ in some respects with evidence rules for criminal cases. While each state has its own set of rules, many states have closely modeled the Federal Rules of Evidence. Finally, while the specific rules differ from state to state, many common principles exist.

Supreme Court Precedent

In general, more uniformity exists among states when it comes to evidence rules in criminal matters. The reason for this uniformity is based on Supreme Court precedent. Much of the debate over what evidence to admit in criminal cases involves evidence obtained during a police search or seizure. Searches and arrests implicate the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. The Supreme Court is the ultimate interpreter of the U.S. Constitution and it has the power to strike down state laws that violate the Constitution. Therefore, Supreme Court decisions bind state courts and, in effect, shape their rules for criminal evidence.

Criminal Searches

The Supreme Court has issued a series of decisions interpreting what constitutes unreasonable searches and seizures. These decisions have had a large impact on the admissibility of evidence obtained during either legal or illegal searches. The Supreme Court has ruled in depth on the issue of whether evidence obtained during an illegal search is admissible.

Criminal Seizures

The Supreme Court has also issued a series of decisions that affect the admissibility of confessions or other statements made during an arrest. In the famous 1966 case Miranda v. Arizona, the Supreme Court ruled that police offers must advise persons they take into custody of their rights. These rights include the right to remain silent and the right to an attorney. Miranda and its progeny set out a series of rules and exceptions governing the admissibility of statements made when a person is in police custody.

Civil Cases

One of the major differences between civil and criminal evidence rules is the admissibility of character evidence. Unlike in criminal cases, character evidence is generally inadmissible in civil cases. Only a few minor exceptions exist to this general rule.

Scope

While differences exist from state to state, states' rules of evidence generally cover relevancy of evidence, the existence of certain privileges (such as the attorney-client privilege), how to examine a witness, the rules for expert testimony, how to authenticate documents, and the issue of hearsay.

References

• Federal Rules of Evidence
• Character Evidence
• American Bar Association

Resources

• Search Supreme Court Opinions

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