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Importance of evidence in the criminal justice process
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1. Evidence is the use of information to decide whether the accused did or did not in fact commit the crime. It can be from a weapon to even and DNA found once investigation starts. Even though evidence can be viewed to be a major factor in a case, there are rules behind what type of evidence and what can and cannot be admissible to court. As informed by Criminal Evidence, “evidence is any information about the facts of the case, including tangible items, testimony, documents…which, when presented to the jury at trial, tends to prove or disprove these facts. 2. Some of the rules that officers, attorneys, and judges have to follow when obtaining or introducing evidence are for example making sure that when obtaining it they do it in a fair way
Evidence is key to solving a murder and in the case of Hae Min Lee’s murder there was not enough evidence to prove that Adnan Syed killed her. There was several pieces of evidence that helped build the case, but none was enough to actually convict Adnan of murder. For instance, there was no DNA evidence that proved Adnan killed Hae. DNA evidence was found in Hae’s car that belonged to Adnan, but then again
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
In criminal justice, detectives need many skills that help capture the suspect. One of the important skills is finding and presenting evidence. This is significantly important because according to the Criminal Justice
evidence, facts and is often the reasons and logic that support the claim. There are a lot
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.
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
Believe it or not, wounds from a victim are also evidence. The wound can allow the investigators to match up any marks that could have been made from the weapon and therefore allows them to determine at what angle, distance, and how fast the weapon was used. The last type of evidence I will discuss is documents. Everyone has different handwriting and different characteristics that make it unique.
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
Observational evidence is what the officer sees, smells, or hears. An officer who observes a suspicious person looking into car windows while carrying a baseball bat late at night would fall into this category. Circumstantial evidence is an accumulation of facts that when viewed together imply that a crime has been committed; it is not direct evidence. An officer may call upon their expertise when gathering evidence. An example would be an officer who can read gang graffiti to conclude that a criminal activity has taken place. Evidence may also be gathered through information, like hearing a call on police radio or receiving a tip from a confidential informant. Some forms of evidence, such as circumstantial, must be supplemented by other types of evidence. However, some sources are strong enough to stand on their
The exclusionary rule of evidence, supported by the fourth amendment to the United States Constitution, is a proactive law that in its simplest form attempts to deter police misconduct and protect the rights of United States citizens in criminal trials. Simply put "Evidence that is found as a result of a Fourth Amendment violation is subject to exclusion from court. "(Shein) This is achieved by calling for the dismissal in the court of any and all evidence that was illegally obtained by the state in an investigation, search, or seizure. This is carried out in trial proceedings and can result in real evidence against a criminal or criminals being dismissed.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
...’ testimony at trial. This rule has played a big role in the American system like in the case of Mapp V. Ohio. Ohio police officers had gone to a home of a women to ask her question about a recent bombing and requested to search her house. When she denied them access, they arrested her and searched her house which led them to find allegedly obscene books, pictures, and photographs.
Collection of evidence is usually a term designated to refer to the collection of physical evidence, government agencies such as police or environmental protection departments will have their own methods for the collection, storage and conservation of physical evidence and it is the responsibility of forensic personnel to adhere to these set guidelines. General principles which are shared amongst various agencies include, the creation of contemporaneous notes, recording the collection of evidence via photographing, videotaping and/or audiotapes, preserving the crime scene by sealing off the location and only allowing designated personnel to enter, avoiding contamination of the crime scene by investigators through the use of full body covering and also preventing cross-contamination with the scene and any suspects.
Collecting evidence from a crime scene is a crucial aspect of solving crimes. Before evidence can be seized, there must first be a court order approving the search of the crime scene and the seizure of the evidence found at the scene. Standard protocol for officers is for them to always use latex gloves, avoid plastic bags, double wrap small objects, package each object separately, and to collect as much evidence as possible. It is better to have too much evidence than to not have enough. There are countless amounts of evidence that can be found at a crime scene.
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