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  • Anything used to determine the truth of an assertion. In a criminal case, evidence is material used to determine guilt or innocence. Although various types of direct, physical, testimonial, and circumstantial evidence are usually admissible in criminal cases, there are notable exceptions. Hearsay evidence is generally inadmissible, and physical evidence can be suppressed (i.e., excluded from consideration) if it is gathered in violation of a defendant's constitutional rights. A defense attorney seeking to have evidence suppressed will request a Mapp hearing, asking the judge to apply the exclusionary rule.

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