Ontario Security Hub Security Practice Test

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

  1. Judge

  2. Prosecutor

  3. Defense counsel

  4. The accused

The correct answer is: Judge

The judge plays a crucial role in the judicial process, specifically in determining the admissibility of evidence presented in court. This responsibility stems from the judge's obligation to ensure that the trial proceeds fairly and that only relevant and legally obtained evidence is considered. The judge evaluates claims about the evidence's legality, relevance, and reliability, making decisions based on rules of evidence, legal precedents, and the context of the case. While the prosecutor and defense counsel may present arguments regarding the admissibility of certain evidence, ultimately, it is the judge who has the authority to decide what will be allowed in court. The accused does not have a direct role in deciding which evidence is admissible; rather, they rely on their legal representation to advocate on their behalf.