The Role of Evidence in the Criminal Justice System
I. Introduction
Evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand magnitude and necessity of evidence as a it relates to the criminal justice system one must know what are the five (5) key issues and or points regarding evidence. The first is what truly is evidence is it written documentation, is it expert testimony, is it hearsay (oral uncorroborated statements) in a matter of fact way it can be all just mentioned, none just mentioned, or some just mentioned and others as well. After understanding what "truly" constitutes evidence one must realize how and were evidence can be gathered to have the correct overall view of what is and is not evidence. Third all things that may be evidence may be unusable either in defense or prosecution of the defendant. So it becomes essential to understand the ground rules set forth both on the Federal and State level with regards to what evidence is actually permissible in a court of law. Next, we need to analyze to major issues that have become prevalent in our time regarding evidence in the adversary system and the effect recent rulings have had in dictating what is evidence and more importantly evidence permissible in a court of law. Finally, what effect does the process of obtaining, collecting, and using evidence mean for our adversary model used in the criminal justice system?
II. What is evidence?
Evidence as stated by Neubauer, is "any kind of proof offered to establish the existence or nonexistence of a fact in dispute, for example, testimony, writings, other material objects, demonstrations" (536)....
... middle of paper ...
...ho made the illegal search, a criminal prosecution against the officers, or disciplinary action against officers by the employing agency. The ruling handed down by the Supreme Court provided a strict interpretation of the fourth amendment, ": "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized." (www.geocities.com/Athens/4064/law.htm).
IV. What are the major issues facing the adversary system (prosecution v. defense) currently?
V. With our ever evolving society what effect does the process of obtaining and using evidence in criminal proceedings have on our criminal justice system?
Reasonable doubt plays a significant role in this particular case, as it requires a standard of unsurpassable evidence in order to be able to convict the plaintiff in a criminal proceeding. This is required under the Due Process Section in the Fifth Amendment of the American Constitution, allowing a safeguard and circumvention
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
McCormick, Charles T. Handbook of the law of evidence. 2nd ed. St. Paul: West Publishing Co., 1972. Print.
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and cases (8th ed.).
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
Criminal investigations are a very serious matter that take a large amount of time to solve. The Criminal Justice System plays a huge part on cracking down criminal cases. “The Criminal Justice System is a set of
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
In July 2003, Sheriff’s Deputy Todd Shanks of Multnomah County Oregon was performing a routine traffic stop on a vehicle driven by William Barrett. During this stop, Shanks arrested Barrett because of an outstanding warrant and then searched the car. A pressure-cooker found in the trunk was believed to be used in the making of methamphetamine. Barrett informed Shanks that the owner of the pressure-cooker was “Gunner Crapser,” and that he could be found at the Econolodge Motel in a room registered to a woman named Summer Twilligear (FindLaw, 2007, Factual and Procedural Background section, para. 2). Deputy Shanks quickly learned that there was an outstanding warrant for a “Gunner Crapser” but to not confuse the wanted man, whose name was not actually “Gunner Crapser,” with someone else using this name.
The amendment involved in this case was the Fourth Amendment due to the protection of unreasonable search
Judges make rulings on what evidence may or may not be admitted over the course of a trial and technology impacts the way police collect and process evidence, this is true today as well as during the 1892 trial of Lizzie Borden. The rudimentary practice of evidence collection and processing by police was a critical factor in the acquittal of Lizzie Borden. Fingerprinting had not been introduced into the court system and the absence of an eyewitness left the prosecution with little to work with, this left the prosecution only circumstantial evidence but most if not all of it pointed at the defendant. The Borden home was absent of any signs of forced entry and the traditional signs of a struggle couldn’t be located during the police examination but several gruesome facts indicated Lizzie Borden may have been innocent. Medical evidence as to the method used in the killings pointed toward a “tall man” being the culprit, specifically the nineteen wounds inflicted on Abby Borden were said to have been from a dull edge of an axe.
...s And Challenges For Prosecutors." Crime, Law & Social Change 56.1 (2011): 71-89. SocINDEX with Full Text. Web. 10 Mar. 2014.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The purpose of criminal justice system is to establish guilt beyond reasonable doubt and for this purpose forensic evidence has apparently played a major role. But looking at the present scenario, it can be observed that the basic purpose or rather the advantage of forensic evidence over other evidences seem to have been rendered as defeated. As the certainty, which was offered by such evidence is not fully reliable and has been construed wrongly by the courts. Hence it can be observed from above mention points that forensic science has failed in providing a better administration of criminal justice system.