Friday, May 22, 2020
The Laws Of Evidence From The Criminal Court - 863 Words
In chapter one, we discuss the history of the rules of evidence and how the rules of evidence became applicable to our modern society. The use of evidence was deeply established during the creation of the American colonies. In comparison to many developed countries at the time, the common law was embraced to implement a set of guidelines to punish any wrongful acts and/or to ultimately deter criminal behavior in society. Ideally, the utilization of evidence was used and is still used to corroborate whether an individual is guilty or innocent in the court of law. The application of evidence in determining whether an individual is guilty or innocent has varied on a judicial spectrum throughout time. Today, evidence is crucial in determining the guilt of an individual, as our country has set in stone the importance of societies constitutional rights; ultimately, one is presumed innocent until proven guilty. Evidence that is beyond a reasonable doubt is used to guarantee a lawful conviction within the criminal court. Earlier methods of determining a conviction in the criminal court clearly lacked the structure and fundamentals of modern civilization. The use of ordeals was a common practice in 1066 in determining a standard proof of guilt or innocence. Many hierarchies varied their ordeals, basing death as a sign of innocence. For instance, the ordeal by water became a common determination of an individualââ¬â¢s guilt. However, the act itself had no clear foundation in determiningShow MoreRelatedThe Rules of Evidence Essay807 Words à |à 4 PagesThe Rules of Evidence: In todayââ¬â¢s society there are rules that define evidence pertaining to a defendantââ¬â¢s trial. These rules are defined as the ââ¬Å"The Rules of Evidenceâ⬠or ââ¬Å"The Law of Evidence.â⬠These rules create a safe and orderly environment, promote efficiency, and enhance the quality of evidence that pertain to all criminal trials. These rules restrict what a jury can and cannot hear or see, details of the law, and the importance of the effective performance of the law enforcement officerRead MoreCriminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography1035 Words à |à 5 Pages(2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms. Upper Saddle river, NJ: Prentice Hall. Leading U.S. supreme court cases in criminal justice: Briefs and key terms is a source reference with respect to criminal law, constitutional law, and criminal procedure. The major focus of this book includes explained mandates of over 1000 U.S. Supreme Court cases and this book details key terms and definitions. Grant, H.B. and Terry, K.J. 2008: Law Enforcement in the 21st CenturyRead MoreLegal Submission of Case in Ireland1576 Words à |à 6 Pagesquestion is one of criminal liability. However, the issues that must be addressed are that involving the law of evidence in Ireland. There are many legal issues at play throughout this case that must be addressed in detail. This submission will outline the law, as it stands to date, in relation to child witnesses, the presumption of innocence, corroboration and witness competence. It is essential that the law on each of these issues be analysed and interpreted correctly as Danââ¬â¢s criminal liability hangsRead MoreThe Evolution of the Exclusionary Rule1733 Words à |à 7 PagesHerald Criminal Justice Abstract From historical analysis, this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights, especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justice be served and the accused are treated equally. If you have ever found yourself with a criminal statusRead MoreCriminal Law Foundations Essay examples1543 Words à |à 7 PagesCriminal Law Foundations Megan Ray CJA/484 April 7, 2012 Terri Madison Criminal Law Foundations Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to support the constitution as well as the Bill of Rights. The Amendments make articles withinRead MoreExclusionary Rule: How, When, and Why Was it Established? Essay examples967 Words à |à 4 Pagesillegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule. The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that ââ¬Å"any evidence obtained by police using methods that violateRead MoreCriminal Justice System and Process Essay1347 Words à |à 6 Pagesbecause it is against a public law. A felony can be defined as a serious crime that is punishable by at least a yearââ¬â¢s jail-term whereas a misdemeanor is a crime whose punishment is either a fine or and up to a year in jail (Smith, 2008). Crimes are therefore defined as well as punished by statutes and the common law. There also exists a relationship between crime and law which is referred to as Criminal Law (Law Library, 2011). Criminal law is also termed as Penal law, it comprises of rules as wellRead MoreExclusionary Rule Evaluation Essay1122 Words à |à 5 PagesExclusionary Rule Evaluation Criminal Procedure/CJA 364 University of Phoenix Exclusionary Rule Evaluation The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. The Fourth Amendment provides people under the jurisdiction of the American criminal justice system protections from unreasonable searches and seizures. The amendment also delineates the methods members of the criminal justice system may obtain informationRead MoreCriminal Justice System And The Correctional Industry1348 Words à |à 6 PagesThe criminal justice system is made-up of three major components: the police, the courts, and corrections. The police are responsible for ensuring social peace and tranquility; in addition to finding, capturing, and helping bring lawbreakers to justice through effective investigative practices. The courts provide a platform for sifting through the evidence police gather to discover the facts of a crime; and render a punishment, set forth by the levels of government, for the crime(s). Finally,Read MoreEarl Warren Se rved As Chief Justice1441 Words à |à 6 Pagesthe the Supreme Court replacing Fred M. Vinson as Chief Justice after his death in 1953. In the period from 1961 to 1969, Warren Court presided over the criminal justice system in the United States, using the 4th and 14th Amendment to extend constitutional protections to all courts in every State. This is known as the ââ¬Å"nationalizationâ⬠of the Bill of Rights. In these years, cases pertaining to the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all happen during
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