Naval Postgraduate School
Fall 2007
Oct 23, 2007
Federal Rules of Evidence
The Federal Rules of
Evidence (FRE) govern what kind of evidence may be presented in federal
courts. Evidence is at the heart of legal proceedings, so the FRE
really controls the manner in which both civil and criminal cases are
pursued and adjudicated.
One of the fundamental tenants of our legal system is that defendents
should be given the tools to make the best defense possible. Therefore
the federal rules are very lenient to the kinds of evidence that they
allow defendents to bring in. They are more exacting on the
prosecution: the rules are designed to make sure that the evidence
brought to court are fair, unlikely to prejudicial, and likely to make
society feel that decisions produced are just.
The FRE was originally based on the common law, but has been revised
through numerous committees. Many states have adopted some or all of
the FRE.
[FRE Slides from Class]
Readings
Please familiarize yourself with:
- US Department of Justice, Searching and Seizing Computers and
Obtaining Electronic Evidence in Criminal Investigations, [html] [pdf]
- US
v. Jennifer N. Long, 05-5002, Argued February 21, 2006; Decided
September 27, 2006.
Reference