I’m a fiction writer (not a lawyer). I need to get some procedural matters reasonably correct. (My state is Virginia, but since this is fiction, I’d be glad to hear about procedures in any state.)
A crucial piece of evidence is a photo taken at the crime scene, a boot impression beside the victim’s body. It matches the boot worn by the defendant that day. He was in the building where the girl was killed, but he says he was never in the room where the footprint was photographed. So the question of whether, and how, the evidence has been tampered with will need to be argued. My question is whether this would be done in a preliminary hearing or during the trial.
The photo logs made at the crime scene, the numbers and time stamps on the digital images, and the evidence custody logs will all hold up. The defense finds no grounds to challenge any of that. But possibly the photo of the boot print was altered in Photoshop. Both sides will have expert witnesses; the prosecution’s expert argues that the image has not been altered. The defense expert will say it has been altered.
Would it be a procedural mistake on my part (the writer) to have them testify in court before the jury? Or would this sort of conflict be threshed out ahead of time in an evidentiary hearing?
EDIT: Assuming the evidence was admitted by a judge in a preliminary hearing, could the defense later raise challenges during the jury trial?
What is the name of your state (only U.S. law)? VirginiaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
A crucial piece of evidence is a photo taken at the crime scene, a boot impression beside the victim’s body. It matches the boot worn by the defendant that day. He was in the building where the girl was killed, but he says he was never in the room where the footprint was photographed. So the question of whether, and how, the evidence has been tampered with will need to be argued. My question is whether this would be done in a preliminary hearing or during the trial.
The photo logs made at the crime scene, the numbers and time stamps on the digital images, and the evidence custody logs will all hold up. The defense finds no grounds to challenge any of that. But possibly the photo of the boot print was altered in Photoshop. Both sides will have expert witnesses; the prosecution’s expert argues that the image has not been altered. The defense expert will say it has been altered.
Would it be a procedural mistake on my part (the writer) to have them testify in court before the jury? Or would this sort of conflict be threshed out ahead of time in an evidentiary hearing?
EDIT: Assuming the evidence was admitted by a judge in a preliminary hearing, could the defense later raise challenges during the jury trial?
What is the name of your state (only U.S. law)? VirginiaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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