Presentation of Evidence

Question 1

Role of the judge

Answer 1

A judge may not summarize evidence or otherwise comment to the jury about the weight of the evidence, credibility of witnesses, or guilt of the accused

Question 2

Judges bound by the rules of evidence in certain situations

Answer 2

The Florida rules do not provide that the court, in deciding a preliminary question, is not bound by the Rules in deciding these questions, except with respect to privileges. As a consequence, a Florida court, in deciding the existence of a conspiracy, may not consider the hearsay statements of the conspirators

Question 3

What happens when the appellate court determines that the evidence was improperly admitted by the trial court in a criminal case?

Answer 3

When an appellate court determines that evidence was improperly admitted in a criminal case, Florida applies the harmless error rule. Unless the state can demonstrate beyond a reasonable doubt that there is no reasonable possibility that the error affected the jury verdict, the judgment must be reversed

Question 4

What witness is permitted to allow in the court room during trial?

Answer 4

In Florida a witness in a criminal case may not be excluded if the witness is the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion of a party or the court, the court determines that the person’s presence would be prejudicial (Note: The Florida constitution gives victims of crime or their lawful representatives, including the next-of-kin of homicide victims, the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused