Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Importance of evidence in criminal law
Importance of evidence in criminal law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Importance of evidence in criminal law
Where in the Court System do the following levels of proof apply: Preponderance of the Evidence; Clear and Convincing Evidence and Beyond a Reasonable Doubt? 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. Preponderance of the evidence …show more content…
Minister of Pensions, “preponderance of the evidence” is met when the trier of fact, is persuaded that the proposition is “more probable than not”. This is the standard of proof used when determining eligibility of unemployment benefits, child support, wrongful death civil actions and immunity from prosecution. O.J. Simpson was acquitted of the murder of his ex-wife, Nicole Brown and Ron Goldman, however, he was found liable for wrongful death in a civil action. The difference between “preponderance of the evidence” and “beyond a reasonable doubt” explains the different outcomes in the cases. “Preponderance of the evidence” is the standard of proof used for immunity from prosecution under Florida 's stand-your-ground
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she was still alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude to the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness, was used to strengthen the circumstantial evidence.
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 Methods of Discovery is when both parties present all the evidence that they have. Both parties have the right to interview all witnesses of all the ...
McCormick, Charles T. Handbook of the law of evidence. 2nd ed. St. Paul: West Publishing Co., 1972. Print.
The job of a criminal lawyer is quite difficult. Whether on the defense or the prosecution, you must work diligently and swiftly in order to persuade the jury. Some lawyers play dirty and try to get their client off of the hook even though they are guilty without a doubt. Even though the evidence is all there, the prosecution sometimes just can’t get the one last piece of the puzzle to make the case stick and lock the criminal up. Such is the case Orenthal James Simpson.
The novel Theodore Boone: Kid Lawyer has a very in-depth conflict that is showcased all throughout the novel. In Theo's community, there is a high-profile murder trial about to begin. Mr. Pete Duffy, a wealthy business man, is accused of murdering his wife Myra Duffy. The prosecutors have the idea that Mr. Duffy did it for the one million dollar insurance policy he took out on his wife earlier, however they have no proof to support this accusation (Grisham 53). The defendants do however have the proof that no one saw the murder, for all everyone knew, Mr. Duffy was playing his daily round of golf at the golf course right by his house. As the trial moved on, the jury was starting to lean towards letting Mr. Duffy walk a free man. To this point, there has been no proof to support the prosecutors statements that Mr. Duffy killed h...
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
Park, R. (1996). Character Evidence Issues in the O.J. Simpson Case - Or, Rationales of the Character Evidence Ban, With Illustrations from the Simpson Case. University of Colorado Law Review, 747-776.
The defense succeeded at instilling reasonable doubt in the jurors’ minds. A major difference between the defense and prosecution, as stated by Dershowitz, was that the defense relied on factual evidence and scientific experts while the prosecution utilized witnesses that casted a shadow of doubt upon the whole jury (Dershowitz 97). Dershowitz claimed the prosecution knew they had falsities in their case, but kept them in order to win the case (Dershowitz 96). In all, though many people viewed Simpson as a guilty man, the allegations of police perjury and investigative errors allowed the defense to exploit and capitalize on the faults carried out by the prosecution and ultimately implant reasonable doubts in the minds of the jurors.
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and cases (8th ed.).
OJ “The Juice” Simpson is clearly responsible for the tragic deaths of his wife Nicole Brown, and Ron Goldman.There are more than enough proof that suspect that the verdict of this should be reconsidered.The shoes print which were indeed Simpson’s,blood marks that were left on OJ’s car the blood spots left on his gloves,his suicide note.All of these were compelling facts that OJ was the murdered.However due to the miscarriage of justice Simpson was unfortunately found not guilty.Wealth played a major role for the conclusion of the verdict, OJ had a very good legal team that raised questions over much of the evidence and testimony against him. If the average person were charged of crimes that OJ has committed, he/she couldn't afford the lawyers and staff to mount the defense OJ could.
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
On June 12, 1994, the bodies of Nicole Brown Simpson and Ronald Goldman were found dead at her home in Brentwood, CA. Orenthal James Simpson, or O.J. Simpson was notified of their deaths and immediately taken into custody for questions. Upon the collection of various pieces of evidence from the crime scene, all avenues pointed to Simpson as the culprit for the double murder. The conclusion of Simpson criminal trial resulted in his acquittal. There were various reasons for this acquittal. The most prominent reasons include accusations of racism, evidence contamination, and the lack of faith in DNA profiling. This paper will discuss the issues that arose with the trial in depth and offer an explanation and solution to resolving issues so that the issues do not repeat themselves in the future from the lack of knowledge and from learning from the mistakes of previous cases such as this one.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law