Evidence?

bones13

Is a legal defense team allowed to examine evidence in a trial?

For example; Someone says they were tied up by there legs with rope.

If the rope cant fit around the persons legs, can a Barrister point out that the rope in question could not have been used around the legs?

Are they physically allowed handle evidence?


Just to clear up, This matter is not before a court.

Pro Hoc Vice

Simple answer yes, all physical evidence can also be examined by the Defence experts. It can cause difficulty and require a court application. At the trial the Defence can hold any physical evidence, I suppose a famous exampl in the US was the OJ glove.

bones13

Thanks for your reply.

Is there any way the Prosecution could oppose this?

Pro Hoc Vice

bones13 wrote: »

Thanks for your reply.

Is there any way the Prosecution could oppose this?

I can't think of any reason they could do so in relation to exhibits in court. In relation to examination by experts they may have issues in relation to security. But then it's up to judge to decide.

Santa Cruz

If the Prosecution put a certain item in as an exhibit to support their case the Defence are entitled to examine, include handle, it

johnnyskeleton

Generally yes, in controlled circumstances, but there are a few exceptions.

Substances which are dangerous or illegal to posses such as drugs or child porn must be handled by the gardai and would rarely be put in the hands of anyone else.

Access to Biological or other samples are usually only permitted to forensic scientists.

Generally if defence counsel say they need to hold an exhibit it will be allowed without question.