Rhode Island What Is Not Evidence (RI WINE) is a legal term that describes evidence that is not admissible in court because it does not meet the legal requirements for evidence. The term is used to refer to evidence that is not relevant, not material, or not probative. RI WINE includes items such as hearsay, opinion, character evidence, and evidence that is not properly authenticated. It also refers to evidence that is obtained illegally or in violation of the defendant’s constitutional rights. The purpose of RI WINE is to protect the rights of the accused and to ensure that only evidence that has been collected legally and within the bounds of the law is used in court. Types of RI WINE include: hearsay, opinion, character evidence, illegally obtained evidence, improperly authenticated evidence, evidence obtained in violation of the defendant's constitutional rights, and privilege.
Rhode Island What Is Not Evidence
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Bases of Opinion Testimony by Experts. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of fact or opinion.
Rule 702 ? Testimony By Expert Witnesses It states that an expert's opinion is admissible if: the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. the testimony is based on sufficient facts or data.
Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of fact or opinion.
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 703 - Bases of opinion testimony by experts. An expert's opinion may be based on a hypothetical question, facts or data perceived by the expert at or before the hearing, or facts or data in evidence.