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Role of evidence in criminal investigations
A theses for rules of evidence
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Evidence Law The Law of Evidence is a list of commands that governs what can be presented in the court as an evidence. The list of valid evidence is maintained by that statue. It governs the use of oral and written statements, any physical object or other documents allowed to be considered as facts. If an evidence is not related to the crime or is irrelevant, it should not be submitted as a defense in court. The only relevant evidence that is logically connected to the facts associated with crime must be submitted. A relevant evidence can also get excluded if it is confusing. The court has certain laws that are against the opinions. Personal thoughts regarding a person or an event or a crime are strictly prohibited (Robillard & Wilson, 2004). Types of Evidence There are multiple …show more content…
A scientific evidence would be considered by the court only when it conforms to the principles of the scientific community. Documentary Evidence: Any proof that is in writing such as wills, contracts etc. It can also include media on which such proofs can be stored such as films, recordings, emails, etc. Exculpatory Evidence: This is a type of evidence which is actually in favor of the offender. It can be in favor of offender partially or fully thus helping an offender in removing the guilt in the case. It is the duty of police or the prosecutor to share the evidence with the offender, if not the case would be dismissed. Testimony: Testimony is one of the most common types of evidence presented in court. It is the spoken or written evidence presented by the witness under the oath in court. The written evidence must be an affidavit. The witness also termed as forth swears to tell the truth under the penalty of perjury Prima Facia Evidence: Prima Facia means the first occurrence. This evidence is used to establish a claim that a crime is done until further evidence are submitted (Universal Class,
Victoria and New South Wales (NSW) take a similar approach in relation to tendency and coincidence evidence (‘the Evidence’). However, until the case of KJM (No 2) , they took different approaches in reviewing rulings of the Evidence .
This concept now embedded in the Federal Rules of Evidence can trace its philosophical underpinnings in prerevolutionary England. Before the 17th century, English courts had very few limitations on what evidence could be admitted into court.3 This court system, which was created in the wake of Norman invasion in 1066, did not ...
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and cases (8th ed.).
Testimonial evidence is oral or written assertion offered in a court as proof of the truth of what is being stated. It includes testimony and hearsay evidence. This is typically known for being one of the most popular types of evidence. It’s normally what you would see in movies or on TV shows, such as law & order. An example of this would be when a witness is called to the witness stand under oath and they speak to a jury, about what they know in regards to the facts of a case.
The last type of evidence I will discuss are documents. Everyone has a different handwriting and different characteristics that make it unique. Computers are also unique in the way they type and print out things. Document examiners can look over these and establish the similarities in the handwriting and computer forensic specialists can extract logs and other data from most devices.
hat for a belief to be true knowledge, it must be supported by evidence. Evidentialism also claims
In the world of forensic science, exoneration holds a very crucial role. In cases where a person has been convicted of a crime and needs to be proven innocent, exoneration plays a key part. It is what helps the court to decide in a just manner whether the crime was committed by that person or not. Exoneration is based on DNA evidence and therefore, is the most authentic. The main purpose of exoneration is to help the legal system by allowing innocent people to be discharged of guilty verdicts. Majority of the legal systems are built on such structures that the people responsible for crimes can be identified and penalized. Exoneration removes the burden, charge or responsibility which is being erroneously imposed on someone by the law. On one hand where it finds out about the actual convict, it also helps the innocent.
Witnesses are often called before a court of law to testify in trials and their testimony is considered crucial in the identification and arrest of a suspect and the likelihood of a jury convicting a defendant.
Evidence essentially comes in two forms: verbal or physical. For instance, verbal evidence could be spoken evidence acquired from a wiretap. Physical evidence could include DNA, blood, or bodily samples. Another reliable origin evidence is digital documentation. “As technology has become more portable and powerful, greater amounts of information are created, stored, and accessed” (GEDJ). Over the past few decades, technology has advanced to extreme levels! The most common technology used to find digital evidence are cell phones, computers, tablets, external storage devices, GPS locators, and various other devices (GEDJ). Text messages, social media posts, pictures, etc. are becoming more common data in investigations of the modern era. “Digital evidence can come from both suspects and victims, as all involved parties may have their own personal devices that are relevant to the investigation” (GEDJ). If they are available, computers, phones, social media and much more are very useful sources of gathering data for a criminal case. For instance, both the suspect and the victim may have text messages on their cell phones that could add to the search. “In some criminal cases, digital evidence can be useful if the suspect had associated with it. In some cases it can lead you in the wrong direction or to the wrong people. Or it could simply be useless if the suspect didn 't use anything
I agree because the evidence that was offered contained personal factors that persuaded the decisions of the jurors. What are the main words or phrases that must be addressed to answer the topic? Evidence, personalities, facts, and fancy. Which side has the most convincing evidence? For.
Some cases cannot be solved without this evidence. “Physical evidence refers to any item that comes from a nonliving origin, such as fingerprints, tire marks, footprints, fibers, paint, and building materials” (“PE”). There is also another group called biological evidence. Biological evidence branches from a living thing, including bloodstains and DNA. Forensic scientists place their evidence into categories including these. “Forensic science is the use of scientific principles and methods to analyze material connected with a crime” (Funkhouser). When a crime is committed, law enforcement officers tape off the scene as quickly as possible (Funkhouser). They then search the area for evidence (Funkhouser). Forensic scientists rarely actually go to the crime scene (Funkhouser). Once all the evidence is gathered from the site, it is then cautiously transported to the crime lab to be analyzed (Funkhouser). Everything about a crime scene is taken very seriously. It is a very tedious process, which takes patience and
her own story as an eye witness, with pictures and copies of documents to prove
In Criminal cases, the general principle is that when it comes to proving the guilt of an accused person, the burden of proving this rests with the prosecution . In the case of Woolmington v DPP , it was stated in the judgment of Lord Sankey that; “Throughout the web of the English Criminal law one golden thread is always to be seen, that is the duty of the prosecution to prove the prisoner’s guilt subject to….. the defence of insanity and subject also to any statutory exception”. From the Judgment of Lord Sankey, the following circumstances where the accused bears the legal burden of proof in criminal cases were established; where the accused pleads the defence of insanity, where a statute or Act of Parliament expressly imposes the legal burden of proof on the defence, and where a statute or Act of Parliament impliedly imposes the legal burden of proof on the defence. An accused person will also bear the legal burden of proof of the statutory defence of diminished responsibility which is covered by section 2(2) Homicide Act 1957. In the cases of Lambert Ali and Jordan , the Court of Appeal held that imposing the legal burden of proof of proving diminished responsibility on the defence does not infringe Article 6 of the European Convention on Human Rights.
According to the Federal Rule of Evidence 703, an expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opini...
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The