Common Trial Objections

As a criminal defense lawyer, I know that one of the most important aspects of a criminal trial is the objections made by both the prosecution and the defense. Objections are formal requests made by an attorney during a trial to prevent certain evidence from being introduced or to prevent a witness from answering a particular question. There are dozens of various objections that can be made at trial by an experienced and creative attorney. In this post, I will explain some of the most common objections that are made during a criminal trial.

I.Hearsay Objections

One of the most common objections in a criminal trial is a hearsay objection. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In other words, it's an assertion made by someone who is not testifying in court. Hearsay is generally not admissible as evidence in court because it is considered unreliable. There are some exceptions to the hearsay rule, but in general, hearsay is not admissible.

For example, if a witness is asked if they heard a third party say that the defendant committed the crime, a hearsay objection could be made by the defense attorney because the witness is repeating what someone else said rather than testifying to their own observations.

II. Relevance Objections

Another common objection in a criminal trial is a relevance objection. Evidence must be relevant to be admissible in court. Relevant evidence is evidence that tends to make a fact more or less probable than it would be without the evidence. If the evidence is not relevant, it should not be admitted.

For example, if the prosecution attempts to introduce evidence that the defendant was arrested for a different crime several years ago, the defense attorney could make a relevance objection because it does not tend to prove or disprove the current charges. Other objections would apply to this scenario as well, such as the prohibited presentation of other crimes, wrongs or bad acts.

III. Character Evidence Objections

Character evidence is evidence of a person's character or disposition that is offered to prove that the person acted in accordance with that character or disposition. Character evidence is generally not admissible in a criminal trial because it is considered prejudicial. The exception to this rule is when the defendant's character is relevant to the case, such as in cases of self-defense.

For example, if the prosecution attempts to introduce evidence that the defendant was arrested for a different crime in the past, the defense attorney could make a character evidence objection because it is not relevant to the current charges.

IV. Leading Questions Objections

A leading question is a question that suggests the answer or contains information that the witness is not yet aware of. Leading questions are generally not allowed during direct examination because they can be used to influence the witness's testimony. However, leading questions are allowed during cross-examination.

For example, if the prosecution asks a witness "Isn't it true that you saw the defendant steal the car?" the defense attorney could make a leading questions objection because the question suggests the answer and could influence the witness's testimony.

V. Improper Opinion Objections

Witnesses are generally not allowed to give their opinions during direct examination. They are only allowed to testify to the facts they observed. However, witnesses may be allowed to give their opinions during cross-examination or as expert witnesses.

For example, if a witness is asked if the defendant looked angry, the defense attorney could make an improper opinion objection because the witness is not qualified to offer an opinion on the defendant's emotional state.

In conclusion, objections play an important role in criminal trials. As a criminal defense lawyer, it is my job to make sure that objections are made when necessary to protect my client's rights and ensure a fair trial. If you are facing criminal charges, it's important to speak with an experienced criminal defense attorney who can advise you on your rights and options.