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How evidence is important part in the criminal justice system
Importance of evidence in criminal law
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In court cases, witnesses are depended on for providing reliable, factual, and concise evidence. The witnesses’ account of the crime or crime scene can completely sway the verdict; therefore, it is vital that a witness is thoroughly investigated by the law before providing evidence. In Peter Ustinov's "There Are 43,200 Seconds in a Day", police pressure a simple man named Edwin Applecote into going on the stand in the case of his neighbor’s murder. He provides an invalid and confusing testimony, saturated with ambiguous statements that jeopardize credibility of the case. Edwin’s unreliable testimony proves to be similar to that of David Gallagher, who accused two priests and a Catholic schoolteacher of sexual assault in 2011. This case became better known under the pseudonym of “Billy Doe”. After sending the …show more content…
When he is pressured into going on the stand as a witness for the trial of his neighbor’s murder, since he is not clearly investigated, he causes more harm than help. If the police investigated Edwin, they would know that he knew nothing definite about the day, location, or victim of the crime. When Edwin goes on the stand, his fickle, uncertain ideas debilitate the evidence provided, and leave the judge uninfluenced and confused. He states that, in testifying in a murder case, he does “not like to speak ill of people” (Ustinov, 375). It would not take an extensive investigation to understand that Edwin is completely incapable of serving as a viable witness in such a grim case. Following Edwin’s flurry of useless accounts, the judge states to Edwin, “…your evidence here today has been…the most misleading and the most illogical” (Ustinov, 381). If the police investigated Edwin, and did not pressure him as the “key witness”, the verdict would have been reached more
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
Whitley, Kyles was tried for murder, convicted and sentenced to death. However, upon review of his case, it was discovered that the prosecution had failed to give evidence about a witness, a man named “Beanie”, and several other pieces of material evidence. Since these were not given to the defense and the evidence was significant, he was given a new trial (United states v., 1976). What separates this case from the others is the fact that the evidence suppressed was witness testimony and the witness’ background and prior statements. The testimony of “Beanie” in this case was important, as it had “significant inconsistencies and affirmatively self-incriminating assertions (Kyles v. whitley, 1995)”. Because this information and prior testimony relevant to the case weren’t released, the conviction was overturned. This is relevant to the dilemma because one of the areas that had importance to the defense was that the witness wasn’t consistent in their testimony and that led to issues with their effectiveness as a witness. Referring back to the dilemma and the officer’s conduct, the officer wasn’t consistent in their testimony, namely that they denied wrongdoing and later confessed. This shows that the officer is an inconsistent witness and that if this is discovered, and the prosecution must disclose that information, he can be impeached as a witness. This will mean that he is not as effective in the criminal justice
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
The court must find more evidence and not to depend on eyewitness testimony and to look for the best people as possible. Besides, there more evidence that DNA testing. Eyewitness must be proven in order to arrest the right suspect and question the suspect to get more evidence in steady of keeping in prison for false witness. The police for tracking everywhere the suspect went and people the suspect contact with that time. It will solve the problem by asking the eyewitness question and the suspect questions to see if both things they said
The first story told in Witness for the Defense is the one involving Steve Titus. It was a case involving the rape of a seventeen year old female. Titus was identified
He writes, ‘Many simply denied that they had any choice. Faced with the testimony of others, they did not contest that Trapp had made the offer but repeatedly claimed that they had not heard that part of his speech or could not remember it (p. 315). Sometimes, when a person does a terrible thing and is going through a trial, the person tells himself that they are innocent so many times that they end up convincing themselves that they are innocent. ‘As one man admitted, it was not until many years later that he began to consider that what he had done had not been right. He had not given it a thought at the time (p.315).’ This can be compared to David Cash’s story. David Cash was at a casino in Las Vegas with a peer. David’s friend followed an unwatched girl into a restroom, and the two began throwing toilet paper at each other. David’s friend, Jeremy Strohmeyer, took the young girl into a stall and ended up abusing her. David entered the restroom as Strohmeyer was taking the girl into the stall and peeked over the stall wall to see what was unfolding. David did nothing about Jeremy’s actions and left the bathroom. Jeremy followed about 20 minutes later and immediately confessed to killing the girl. David was questioned for a long time afterwards about not taking action and his innocence, but he felt that he had done nothing wrong. Both David and some Reserve Police
Anatomy of Injustice is the story of the homicide indictment of Edward Elmore. The author, Raymond Bonner, displays a convincing argument that the state of South Carolina indicted a guiltless individual when Elmore was sentenced for
For example, the old man that lived beneath the boy and his father testified that he heard a fight between the boy and the father and heard the boy yell, “I’m gonna kill you,” along with a body hitting the ground, and then claims that he saw the boy running down the stairs. With this information, along with other powerful eyewitness testimonies, all but one of the jury members believed this boy was guilty. The power of eyewitness testimony is also shown in Loftus’s (1974) study. In this study, Loftus (1974) found that those who claimed to “see” something were usually believed even when their testimony is pointless. She discovered in her study that only 18 percent of people convicted if there was no eyewitness testimony, 72 percent of people convicted when someone declared, “That’s the one!”, and even when the witness only had 20/400 vision and was not wearing glasses and claimed “That’s the one!”, 68 percent of people still convicted the person. This proves that in 12 Angry Men and Loftus (1974) study, eyewitness testimony is very powerful and influential in one’s decision to convict a
The Eyewitness Testimony was a case of rape that happened in North Carolina on July 28, 1984. Jennifer Thompson-Cannino was in her off-campus dorm room when a man came into her room and raped her. The rapist cut her light and phone lines to make sure Thompson could not see him or call for help. But, while she was being
The Crown should be permitted to introduce Dr. Doolittle as an expert witness based on the criteria for determining the credibility of an expert witness, which was established in R v Mohan ([1994]) 2 SCR 9). The first part of the test asks if the information the expert is providing is relevant to the case and if it helps a party prove their proposition. The trier of law than weighs the probative value and the prejudicial value of the information. Dr. Doolittle was asked to provide expert handwriting analysis for a note that Nick Casey wrote to his boss, Todd Williams. The Crown’s issue is determining whether or not Mr. Casey wrote the note. Therefore, it is relevant for the Crown to rely on Dr. Doolittle to provide expert opinion and compare the handwritten note that Mr. Casey wrote to Mr. Williams with a sample of Mr. Casey’s handwriting. The information is ultimately more probative, as Dr. Doolittle’s expert opinion is being relied upon to prove the crown’s argument. Furthermore, Dr. Doolittle’s testimony on the validity of the notes can be connected to the other evidence that Mr. Casey harassed Mr. Williams. The second part of the test asks if the expert witness is providing necessary testimony. The Crown is trying to establish that Mr. Casey was guilty of criminal harassment by repeatedly trying to communicate with Mr. Williams. If Dr. Doolittle can successfully prove that Mr. Casey wrote the note to Mr. Williams, it can be considered as another piece of evidence
To most, the job of the defendant is usually seen as being far more easy in comparison to the prosecution’s side. This is because of the famous phrase: “innocent until proven guilty”. The idea that the defendant’s job is easier is put to the test in a play that is named Inherit the Wind by Jerome Lawrence and Robert E. Lee. The defendant, Henry Drummond, has to defend Bert Cates. A man that has broken a strictly enforced law in Hillsboro, and a man that everyone knows is guilty of breaking the law. Hence, Drummond has to be clear in his arguments against the law and put the law on trial, so that the people realize that this is an unjust law. He has to convince the people that the law is wrong. Henry Drummond’s arguments presented against the
In the month of February, i visited the Superior Court of Bakersfield California. I sat down on the trial of Timberlake vs People. This trail was murder and gang related. The man being charged was a 33 years old and his name was Paul Timberlake, who was suspicious of committing a murder. The judge that over saw the trail was John R. Brownlee. The District Attorney was Mr. Russel. Lastly, The Public Defender was Mr. Lucard. As i opened the door to the trail room, I noticed the room was full of seriousness. Everyone had a blank facial expression and showed no signs of joy. I made my way to the audience seating and sat down quietly. The Judge called forth the prosecutor. The prosecutor order two police officers to come inside the trail to serve as witnesses. Once they came inside, he played a video of a
It is a story that provides the ultimate explanation of how two different people who are witnesses to a crime give completely different psychological recollections of the same event. The author reminds us that truth depends on the telling. Someone must step forward and tell that truth.
There is an assumption that an interrogation and effectively a confession is over once a suspect states “I did it.” More signals pre-admission is over, but a simple “I did it” does not suffice for a conviction. Here lies where the presumption that one who admitted to the crime actually committed the crime. If a simple “I did it” is not sufficient, and they stated facts, specifically facts unknown to the general public, how else would they have come to know that information if not for committing the crime. Here lies the problem that must be resolved. Because although inquiries into voluntariness and coercion at trial provide a quality control over pre-admission conduct on the police, they do little to manage post-admission conduct. That is the construction of the