Admissibility of evidence

Admissibility of Evidence Explained by Nevada Defense Attorney

In situations where a senior or vulnerable person is being abused, neglected, extorted or isolated, certain professionals are mandated reporters. Those who become aware of abuse or mistreatment of a senior as part of their professional capacity will need to make reports of abuse. This can include doctors, dentists, chiropractors, physical therapists ambulance drivers, clinical therapists, and most other professionals who provide any type of physical or mental health treatment to seniors.

Those who become aware of abuse in a professional capacity must report their suspicions as soon as it is reasonably practicable to do so. Law enforcement officials and others including Adult Protective Services agencies and state agencies will conduct investigations when there is reasonable cause to believe abuse occurred and can take legal action against abusers if there is sufficient evidence that wrongdoing occurred against any vulnerable or older person.

There are several different laws related to the abuse, neglect, exploitation, or isolation of vulnerable seniors. These laws are found within a special subcategory of Chapter 200, which is the Chapter of Nevada law dealing with crimes against persons. Among the laws that are found within this subsection is a rule related to whether reports of abuse can be admissible in court.

Nevada Revised Statute section 200.5097: Admissibility of Evidence

Nevada Revised Statute section 200.5097 is the statute that details the rules for admissibility of reports of abuse that were made in accordance with the laws on mandatory reporting. According to N.R.S. 200.5097, any report that is made about suspected abuse or neglect, the contents of the report, and other facts related to the older person’s condition or the vulnerable person’s condition cannot be excluded even if the matter would otherwise be privileged against disclosure.

This law ensures that important evidence of suspected abuse, neglect or wrongdoing can actually be presented by the prosecutor to the courts. If evidence is excluded and cannot be presented, a prosecutor is forbidden from raising the evidence in court and sharing it with the judge or with the jury who is deciding the case.

When evidence is precluded from being presented in court, especially important evidence like an initial report that prompted an abuse investigation, it becomes much harder for a prosecutor to successfully convict a defendant for a crime.

Because the admissibility of the report could potentially impact the outcome of a criminal case, it is important for all who are involved in a case related to the suspected abuse of an elderly person to understand what the law permits when it comes to reports being admitted and when evidence is excluded from being presented.