Monday, May 29, 2006

Objection!!!!!!!

On any given day you can watch the news and hear someone upset that the jury was not allowed to see all of the evidence, but if they had, the defendant would certainly have been convicted/aquitted. Evidence at trial is tricky business. It involves a complex set of rules all of which have exceptions. One thing the court does not allow is a witness to get up and tell us all what she heard others saying. This is because our constitution requires that the defendant be allowed to confront and cross examine the persons who have something to say about his being locked up. However there are over 20 exceptions to the hearsay rule. I like evidence. It is part of what makes trial work exciting because you have to be on your toes in order to launch your objection. You can't yell out "I OBJECT!" prior to the question being completed, but then again neither can you wait until the witness has answered in some situations. You have to think all the time and be prepared to explain the theory on which you base your objection. Though Robert Duval in A Civil Action says that when you have fallen asleep in court and wake up, the first thing you do is fire off an objection, I would advise against it. It maight wake up the judge.

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