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Origins of criminal justice
History of the criminal justice system
Historical evolution of criminal investigation
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Evidence is a crucial component in a court case. Without evidence you can’t prove someone guilty or not guilty for a crime. “Evidence is any kind of proof offered to established the existence or nonexistence of a fact in dispute-for example, testimony, writings, other material objects, or demonstrations” (Neubauer, Fradella, 2014, pg. 345). There are different types of evidence, but they are either in one of the two categories. The first one is direct evidence which is first-hand evidence that does not require any inferences to be drawn in order to establish a proposition of fact (Neubauer, Fradella, 2014, pg.345). The other category of evidence is circumstantial evidence, this evidence that is indirect. Which is providing material facts of …show more content…
Real evidence also known as physical evidence, consists of documents, drug paraphernalia, clothing, and weapons (Neubauer, Fradella, 2014, pg.345). Real evidence is the key component in most cases because it could be what the defendant was using to commit the crime. Scientific evidence is “the formal results of forensic investigatory and scientific techniques” (Neubauer, Fradella, 2014, pg.345). Scientific evidence is what investigates the real evidence to see if it matches up with the crime, or what the defendant used. Lastly there is demonstrative evidence, which doesn’t have any evidential value to it, but it is used in the court room to give the judge, jury, and others a visual perspective to what might have happened. This type of evidence is displayed with charts, maps, videos, and reenacting a scene of the crime (Neubauer, Fradella, 2014, pg.345). There is also the rules of evidence which is “rules that govern whether, how, and for what purposes certain forms of proof may be placed before the trier-of-fact for consideration at a hearing or trial (Neubauer, Fradella, 2014, …show more content…
When they are under oath they are sworn in to only tell the truth or they will be in contempt of court. Testimonial evidence can help a case tremendously if the person is telling the truth, and also help the defendant if he/she didn’t commit the crime and it is their benefit. But also it could help the victim if there isn’t any other evidence brought to the stand. It can work both ways, it just depends on the lawyers’ effort in the case. A testimony can be given by anyone that is involved with the case. “I will suggest that the role of testimony in the context of human rights goes far beyond a visual technological device to grab people’s attention” (Patel, 2012, pg. 236). What Patel is saying that a good testimony can grab the people’s attention and make them believe what they are hearing, it’s almost the same as “seeing is believing” but with a different sense. “In a broader sociological sense, testimony is seen to provide an “on the ground” perspective, and in this regard has become a key heuristic among researchers in their attempt to understand the experience of conflict” (Patel, 2012, pg. 236). Patel describes how testimonial evidence, if given correctly, could paint a picture of what happened to the
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
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.
McCormick, Charles T. Handbook of the law of evidence. 2nd ed. St. Paul: West Publishing Co., 1972. Print.
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.
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
The most important type of evidence is DNA. When DNA testing takes place, the samples are collected from the suspect and the crime scene. These evidences include hair, fingerprint, human secretions, blood, semen and other bodily fluids, are collected and sent to the lab for further investigation.
For example, according to a CNN article entitled,” 'Blue-eyed butcher ' sentenced to 20 years,” “A medical examiner testified he was able to count 193 wounds on the body, with the actual number of stab wounds well in excess of that” (Jakobsson, 2010, para. 6). Pictures were also presented to the jury to show the disfigured body. Another piece of evidence leading to the conviction of Susan Wright was the autopsy done that showed drugs in Wright’s system. The author of CNN stated, “They also suggested she may have drugged him with gamma-hydroxybutyric acid, known as the "date-rape drug," low levels of which were found in Jeffrey Wright 's system” (Jakobsson, 2010, paragraph 10). One last conclusive piece of visual evidence was the presence of two of Jeffrey’s ex-girlfriends. “Misty McMichael testified Wright beat her repeatedly during their two-year relationship and tried to control her every move” (Jakobsson, 2010, paragraph 13). McMichael also claimed that Wright had pushed her down the stairs 104 times and at one point even locked her in a room (Jakobsson, 2010, paragraph 14). This evidence was in favor of Susan Wright. The impact of this visual evidence was significant in many ways. Evidence is proof and proof cannot be made up, only misinterpreted. Therefore, the excessive amount of stab wounds found on Wright’s body along with the drugs found in his system was
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
CSIs must photograph/sketch crime scenes, take measurements, make observations, testify against criminals in court, and collect, pack, label, document, and analyze evidence (Career Cruising). All of these tasks CSIs must complete, require them to handle a variety of tools including: cameras, tripods, flashlights, notepads, utensils to collect physical evidence, measuring tapes, rulers, microscopes, fingerprinting kits, and even guns in some cases (Career Cruising). CSI agents collect to different types of evidence, when they investigate a crime (Byrd). The first type of evidence is testimonial evidence, which is the answers CSIs questioning suspects and witnesses are given (Byrd). Physical evidence, which is the other type of evidence, is any type of three-dimensional evidence collected at a crime scene (Byrd). Although different CSI teams from different areas of the world can consist of multiple branches, including: detectives, technicians, medical examiners, scientists, and lab analysts, they still use forensics, which is science and technology, to investigate crimes (Zullo). There is always crime, but when there are no current cases; CSIs go back to old/previous cases (McFadden).
The hearsay rule is a rule that applies in court when a statement is made out of court that is offered in court as evidence to prove the truth of the matter asserted (legal-dictionary.com n.d.). Unfortunately, when this evidence is brought to court it is up to the judge and jury to determine whether the evidence offered as proof is credible. Therefore, the person that is testifying has to prove to the judge and jury that they in fact saw what happen or that they actually know what happen. Furthermore, they have to swear and affirm that their statement is the truth. Therefore, there are three major evidentiary rules to help the judge or jury make their determination. The three rules are before a witness is allowed to testify, they must generally swear or affirm that their testimony will be truthful, they must be personally presented at the trial or proceeding in order for the judge or jury to be allowed to observe the testimony firsthand and finally they are subject to cross-examination at the option of any party who did not call the witness to testify.
A witness is someone who has firsthand knowledge about a crime through their senses and can certify to its happening and someone who has seen an event at firsthand is known as an eyewitness.
Physical evidence is real evidence that is collected, packaged and analyzed. Examples are; hair fibres, blood samples and skin flakes. Physical evidence is either identified or individualized. (links to one person - finger prints or DNA) At a typical crime scene the FAO (First Attending Officer) would be called. They would check the scene is safe to enter (in case... ...
In civil court, “preponderance of the evidence” and “clear and convincing evidence” are required standards of proof. “Preponderance of the evidence” is established when the evidence has shown that guilt has been more than 50% proven (Hails, 2014, p. 574). “Clear and convincing” standard requires proof greater than the “preponderance of the evidence” but not as great as “beyond a reasonable doubt”. Reasonable doubt is establish through evidence that disqualifies every reasonable opposing argument, thus establishing guilt. In criminal cases, guilt must be established “beyond a reasonable doubt” (Hails, 2014, p. 546). While the first two standards of proof are more commonly associated with civil trials, they are also read requirements in criminal courts during evidentiary rulings.
“The word ‘forensics’ means “connected with the courtroom”; so forensic science is, therefore, concerned with gathering hard evidence that can be presented in a trial” (Innes 9). Forensic science is a science that is applied specifically to legal matters, whether criminal or civil. “Few areas in the realm of science are as widespread and important as forensic science” (Hunter 12). Forensics is the one science that is most commonly used in everyday life. It is also a branch of science that incorporates other branches of science such as biology, chemistry, and etc. Since it is used almost every day “No one can dispute the importance of the contributions to society made by forensic science; the ability to solve crime is undeniably important” (Hunter 13). Forensic science has given criminal investigation a new edge. “Advances in science have opened the door for more effective evidence discovery, howev...
An arrest report, for example, needs to be written at the time of an arrest, including any probable cause, and the temperament of any suspected person. Any typo or mix up in this report can cause for a faulty arrest. The defense attorney can then attack the credibility of the officer who wrote the report in court which makes not only that officer look bad but the prosecution as well. An evidence collection is a report which provides the details of the chain of evidence such as who discovered and collected it, when and where the materials were located as well as the disposition of the evidence collected. This evidence can likely become inadmissible if the report is not accurately written.