West Virginia Security Guard Practice Exam

Who determines what evidence will or will not be admitted in court

1. Judge

2. Prosecutor

3. Defense council

4. The accused

The correct answer is: Judge

The judge is the arbiter in a court of law, meaning they are the decision-making authority there. One key responsibility of a judge is determining the admissibility of evidence brought before the court in a case. This task involves assessing whether the evidence complies with the rules of evidence, which may vary by jurisdiction but are generally designed to ensure that the evidence presented is reliable and relevant to the matter at hand. If the evidence meets these criteria, then the judge will allow it to be admitted for consideration. If not, the judge will rule that the evidence cannot be included. This doesn't mean that the other parties involved in the case, such as the prosecutor or defense counsel, don't play significant roles in presenting and arguing about the evidence - they do. However, the final decision on whether the evidence is admitted rests with the judge. So while the prosecutor, defense counsel, and the accused can argue for or against the admission of a piece of evidence, it's the judge who makes the ultimate decision.