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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 .
In the opening statements both side of the case make opening statements to lay the foundation of their cases. Opening statements are not allowed to be argumentative and cannot be considered evidence by the jury; they are the road maps laying out where each side intends to take its case. First the prosecution presented its case. They alleged Peterson killed his wife in their Modesto home because he was having an affair, then drove her body nearly 100 miles to San Francisco Bay and heaved it overboard from his small boat. Prosecution offered a steady drum beat of small bits of circumstantial evidence. From the Russian poetry Peterson read his mistress to the fishing gear in his alibi to the dessert featured on a particular episode of Martha Stewart Living, it added up to Peterson's guilt, they suggested. The defense countered that Modesto authorities unfairly targeted Peterson, ignoring important leads that didn't fit their theory. Defense said that, while prosecutors had only assembled a circumstantial case, they had five witnesses that were direct evidence of Peterson's innocence.
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
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
her own story as an eye witness, with pictures and copies of documents to prove
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.
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.
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 ...
In Anatomy of a Murder, there were four expert witnesses, Dr. Smith, Dr. Harcourt, Dr. Raschid, and Dr. Dompierre, who testified during the trial and gave their respected opinions based on their expertise about the evidence and stipulations raised. An expert witness is defined as a witness who has special knowledge or training in a specialized area (Gardner & Anderson, 2013, pg.123). The opinion of an expert witness may be admissible if the opinion is being given about a subject that can clear issues in the court. To determine whether or not the expert witness testimony is admissible, it must meet the requirements of the Federal Rules of Evidence 702-704. In addition to reviewing each of the three Federal Rules of Evidence, I reviewed each of the four expert witness testimonies and analyzed whether or not each testimony complied each Federal Rule of evidence.
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.
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.
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.
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