e-safe

    Phone Number
(314) 344-9178 Ext. 208

How Does a Lack of Evidence Affect a Case?

Contact Us

How Does a Lack of Evidence Affect a Case?

Lack of evidence can essentially put an end to a person’s legal case. Evidence refers to information that the plaintiff, prosecutor or defendant presents to the court to get the court to rule in his favor. Evidence can take many forms, such as witness testimony, DNA or forensic evidence, or anything else that helps the judge or jury determine that one or the other party has proven the elements of his case. If one party does not have evidence to back up the things he is saying to the court, then the court or jury must not side in his favor.

Lack of evidence can happen for a number of reasons. Sometimes, a party may have evidence but it may be inadmissible due to various rules of evidence. For example, if the police illegally searched someone’s home without a warrant, any evidence discovered in the search of the home would be barred from being presented to or considered by the judge or jury in the case. In addition, under the rule called “fruit of the poison tree,” any evidence that law enforcement officials collected as a result of information obtained from an illegal confession or search would also be inadmissible. This can result in a lack of evidence.

Read more…

Share this post?

Admin

Leave a Reply

Your email address will not be published. Required fields are marked *