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Rules of evidence also allocate among the parties the burden of producing evidence and the burden of persuading the court. See, for example Article III of the Federal Rules of Evidence or Division 5 of the California Evidence Code. Privileges are addressed under Article V of the Federal Rules of Evidence as well as Division Eight of the California Evidence Code.
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Davis said Faison began swimming toward Doolittle Drive and struggled in the water for a half hour - at times calling for help - before losing consciousness.
His relatives gathered in downtown Oakland to express their anguish. They say what started out as a day enjoying warm weather turned tragic, with Faison now on life support at Alameda Hospital.
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The family of Deontae Faison is in anguish. They say what started as a day enjoying an Oakland park turned tragic when he was tased by an East Bay Regional Park police officer while in the water.
Besides park police, Oakland police and Fire and the Alameda County sheriff's office were all on scene. Authorities say they tried unsuccessfully to get help from the Coast Guard.
EvidenceAct
In establishing what evidence is admissible, many rules of evidence concentrate first on the relevancy of the offered evidence. See, for example Article IV of the Federal Rules of Evidence. The admissibility of hearsay and oral testimony are addressed under Article VIII of the Federal Rules of Evidence.
"It shouldn’t take an attorney to tell you that electricity and water don’t mix," Davis said, saying police "were bold enough to do that but not brave enough to jump in and save him."
It happened at the Martin Luther King Jr. Regional Shoreline on April 5. Faison and a friend were hanging out near his car.
Rules of evidence are, as the name indicates, the rules by which a court determines what evidence is admissible at trial. In the U.S., federal courts follow the Federal Rules of Evidence, while state courts generally follow their own rules. See, for example California's evidence code, Indiana's evidence rules, or Washington's evidence rules. State rules of evidence are generally imposed by the state legislature upon the state courts.
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Henry Lee is a KTVU crime reporter. E-mail Henry at Henry.Lee@fox.com and follow him on Twitter @henrykleeKTVU and www.facebook.com/henrykleefan
Evidence an item or information proffered to make the existence of a fact more or less probable. Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects. Courts cannot admit all evidence, as evidence must be admissible under that jurisdiction’s rules of evidence (see below) in order to be presented to court. In federal court, evidence is governed by the Federal Rules of Evidence. A court may exclude evidence because it is not relevant, hearsay, or otherwise inadmissible.
Sims, sitting with her 4-year-old nephew said, "At this point, we’re not sure if my 34-year-old brother is going to make it. And if he does, they’re telling us that it definitely will not be the same."
OAKLAND, Calif. - A family is demanding answers after a man was left in a coma after he was Tased by East Bay Regional Park police while in water.