The Evolution Of The Law Of Fresh Evidence Essay

The Evolution Of The Law Of Fresh Evidence Essay
Case Law review: the evolution of the law of fresh evidence
As mentioned at the outset, in 1923, the Dominion Parliament gave broad discretionary powers to
Canadian appellate courts to receive any evidence it deemed necessary and in the interest of justice
to decide the issues on appeal against both verdict and sentence. However, unlike the pragmatic
approach of the British, the Canadian legislators did not provide statutory guidance to the judiciary
on the parameters for the exercise of this new power. It was therefore left to judges and the courts to
fashion common law principles and procedures for the admission of fresh evidence with respect to
verdict appeals, appeals from sentence and to a lesser extent references by the Minister of Justice to
Canadian appellate courts. Each is discussed in turn in the sections that follow.
II.2.1 Verdict appeals: incremental changes in the law of fresh evidence The slow but steady
evolution in Canadian fresh evidence law in criminal and quasi criminal proceedings can best be
classified into two distinct periods: the pre–Palmer jurisprudence and the post–Palmer
developments.
II.2.1 (i) Pre–Palmer Jurisprudence: 1910–1980
There have been incremental changes in the law of fresh evidence prior to the definitive judgment in
Palmer in 1980. In 1925, the British Columbia Court of Appeal was the first appellate court to apply
the new powers enacted in 1923 to admit fresh evidence. Prior to these amendments, appellate
courts could
... Get more on HelpWriting.net ...

Phases Of Interrogation At The Most Comfortable
Phases of interrogation The first phase of the interrogation is to establish the norm. This is done to
determine the general behavior of the subject, as the goal is to establish the characteristics of the
subject at the most comfortable. As a result, the interviewer can then interpret the subject's behavior
and communication as the interrogation goes on. The second phase is to build credibility. The
interviewer describes his or her job and experiences, giving examples of situations that are
commonly encountered, and judges the subject's reactions along the way. The interviewer's goal in
building credibility is to convince the subject that he or she is caught of committing a crime without
stating any accusations or revealing evidence. The third phase is to create an opportunity for the
subject to save face and transfer blame. The interviewer guides the subject into telling the truth. The
goal is to make the subject feel better about admitting the truth by finding a socially acceptable
reason for being honest. The subject will feel better about telling the truth if he or she feels that
admitting what happened is better than being caught lying, and if the reason for the crime was for
non–malicious reasons. The fourth phase is to establish a sense of urgency. In this phase, the
interviewer explains to the subject that he or she has a limited amount of time to tell the company
his or her side of the story. The interviewer explains that the company may make a decision

Medical Statement
DISCUSSION
The Department's Representative LB testified that the Appellant filed an application for MA and
HCBS in February 2017. The Application was initially submitted electronically and then a paper
application was received. The MA/HCBS combination application was initially denied for failure to
provide verification of an emergency medical condition. The Department realized that the Appellant
had case activity on two different record numbers therefore, requested new medical information and
the application was reviewed again. The IMCW testified that on April 25, 2017, the medical
information was received and sent to the Office of Long Term Living (OLTL) for a determination;
the following day, they requested additional medical ... Show more content on Helpwriting.net ...
The Appellant's Representative argued that his father needs open heart surgery and will need aides to
come out while he is recuperating. Due to his age of eighty–seven (87), he is prone to falling and
need someone to look after him. The Appellant's Representative testified that he comes home at
lunch time and on breaks to care for his father since there is no one there to do it, but cannot stop
work completely to take care of him. The Appellant's Representative believes that his father should
be eligible for MA and HCBS and does not agree with the Department's decision. The Appellant's
Representative concluded that more medical information was issued to the Department in July 2017,
that the Department failed to address or issue an updated Notice.
APPLICABLE LAWS, REGULATIONS, AND DEPARTMENTAL POLICY
55 Pa Code § 275.4, in applicable part (g) Hearing proceedings. (2) Agency staff responsibility at
the hearings. The County Assistance Office and other agencies as appropriate will prepare for the
hearing so that evidence considered in making the decision or taking the action which is at issue and
evidence that supports that decision or action will be introduced at the hearing in an orderly and
concise manner. Relevant information which is presented at a hearing will include the following: (i)
Names, relationships and ages of

What Is The Hearsay Rule?
What is the Hearsay Rule? The hearsay rule is based inherently on the concise definition of hearsay.
In this regard, hearsay can be defined as any statement other than that made by an individual in the
process of testifying at a hearing or trial, which is offered for purposes of affording evidence of truth
pertaining to a particular matter. According to the Cornell University Law School (2014), the
hearsay rue is the rule that prohibits out of court statements from being admitted as evidence at a
trial. B and large, the hearsay rule is motivated intrinsically by the understanding in the belief that
hearsay is unreliable. For example, if a witnessed stopped at a scene of a car accident and a survivor
intimated to him or her that the driver caused the accident, this statement cannot be admitted as
evidence to prove the same. It is imperative to understand that the hearsay rule, according to the
Cornell University Law School, bars all such evidence, whether oral or written.
What is the Rationale behind the Hearsay Rule? To understand the rationale behind the hearsay rule
is essentially to understand why hearsay is inadmissible in court. According to Townshend (2010),
the rationale for the inadmissibility of hearsay under the hearsay rule is the fact that such evidence is
unreliable. To this effect, Townshend (2010) continues to assert that the quality of such evidence is
compounded by its remoteness, which in essence deprives the party against whom it is tendered, the

Implementation Of The Investigation And Completion Date
To ensure that AMS receives a timeframe for the steps of the investigation and estimated completion
date, a projection of the plan is needed in the forensic plan. As a result, the forensic plan for AMS
includes a projection on what needs to be collected, time for each task, and the risks and challenges
of the investigation.
a. The steps and dependencies in your investigation?
The review will follow the four phase forensic process as shown in Figure 2; which will provide the
projected steps and dependencies of the investigation. The first step will involve the collection
phase, which is dependent on the media. The second step is the examination phase, which is
dependent on the data that was collected. The third step is the analysis phase, ... Show more content
on Helpwriting.net ...
According to Computer Evidence Recovery (2015), these phases can take from 7 to 14 days per
hard drive to complete.
Finally, DFI will provide AMS with a final report of its findings. It is imperative that this report is
written in a clear and concise manner for AMS management, and is based on relevant facts. As a
result, this report will be delivered to AMS 30 days after the last examination/analysis is completed.
Additionally, it is necessary for the lead investigator and AMS management to review the final
report and answer any questions.
c. Potential risks and challenges to the investigation and how they should be handled?
The potential risks and challenges to the investigation is the fact that AMS wants the investigation to
be conducted clandestinely. This risks the loss of digital evidence because the digital forensic
investigator may not preserve the sources of the collected data to remain covert. Additionally, the
possibility exists that the suspects in marketing or accounts receivable become suspicious and begin
to destroy evidence.
DFI advises AMS management to allow the lead investigator the option to openly notify employees
of the investigation if the need arises. This would provide the lead investigator with the ability to
remove employees from marketing and account receivable from their workstations to preserve the
devices and safeguard the digital evidence.
3. Determine how you will determine who is involved.
Involvement will be deduced

Law Enforcement And Andrea Campbell's Forensic Evidence
Law enforcement is very important to keep you safe. We have different branches in law enforcement
to protect us. Forensic science gives Forensic evidence. Andrea Campbell, author of Forensic
Science, says it is the most important evidence in court cases. Forensic science is where hard
evidence comes from. In paragraph three of the article it says, "Forensic science is a science applied
to answering legal questions." This is where hard evidence comes into play. Hard evidence is where
you find condemning evidence against the defendant. In paragraph six of the article it states, "refers
to any tangible article or object of any kind, such as fingerprints, weapons, and bloodstains." This is
most of the time where the defendant gets scared. Most

Daubert Standard Interview
In my interview with Professor Killgallon, my criminal justice professor we talked about the
Daubert Standard. The Daubert Standard is the assessment of how the courts treat an expert
testimony. The standards make sure that the evidence presented to the court used scientific
methodology and if accepted science was used to gain the evidence. The Daubert Standard is the
new paradigm shift in many states in the United States. It took the place of the Frye test, which was
used for many years before. The Daubert standard is the better test to use in courts because it makes
the experts present more evidence to make sure that the science or evidence was not faked.
The Frye Test is used "determine whether or not the method by which that evidence was obtained
was generally accepted by experts in the particular field in which it belongs (Cornell)". The Frye
standard was made to have a set of expectations that are set on the people and the evidence that is
being presented. The test did not account for the fact the people ... Show more content on
Helpwriting.net ...
The Daubert standard makes sure that the people doing the test have had experience in the subject.
"Daubert tests deals with the admissibility of the testimony of the expert and is based upon three
major cases known as Daubert trilogy (differencebetween.com)". These three major cases drew
awareness that the Frye Test is not the best way to do things in the court of law. "The Daubert
Standard also made the testimony's be checked and revised by two or more known professionals in
that field of study (sfandllaw)". This gets rid of the people with no experience, having to get the
testimony revised makes sure that the evidence is not a lie. Under the Daubert standard the general
accepted methods are also checked for, just like in the Frye Test. The Daubert Stand are is better for
this age of court because someone will do anything to be considered not

Dying Declaration Under Section 32 of Ipc
DYING DECLARATION
"Truth sits on the lips of a person who is about to die"
Introduction
A Dying Declaration means the statement of a person who has died explaining the circumstances of
his death. It can be said to be a statement made by a mortally injured person, indicating who has
injured them and/or the circumstances surrounding their injury. The injured is aware that he/she is
about to die and while the declaration is hearsay, it is admissible since it is believed that the dying
person does not have any reason to lie.
Such a statement can be proved when it is made by a person as to the cause of his death, or as to any
of the circumstances of the transaction which resulted in his death. The statement will be relevant in
every case or ... Show more content on Helpwriting.net ...
So, they held his statement to be inadmissible under section 32.
Circumstances of the transaction which resulted in his death
The other important condition for the admissibility of a statement as a dying declaration is that it
must relate to the circumstances of the transaction which resulted in his death. This was vividly
explained by the Privy Council in the Case of Pakala Narayana Swami v. The Emperor. The facts of
the case were that the accused had borrowed Rs. 3000 from the deceased during 1936. On 20th
March, 1937, the deceased received a letter from the accused inviting him to come that day or next
to Behrampur. The deceased left his house on 21st March, 1037 in time to catch the train for
Behrampur. But he did not come back. On 23rd March, 1937, at about noon, his dead body was
found in a steel trunk in a third class compartment at Puri. The dead body was identified by the
widow. The accused was tried and convicted for murder and sentenced to death. During the trial, the
widow of the deceased stated before the Court that on that day her husband showed her a letter and
said that he was going to Behrampur as the appellant's wife had written to him and told him to go
and receive payment for his dues. This statement was objected by the appellant because it was not a
statement after the

Kelli Mcdonald's Case: Forensic Analysis
WRITING SAMPLE The attached writing sample is an excerpt from a motion in limine written for
my internship with the Office of the Public Defender, in which I analyzed a defendant's Sixth
Amendment right to cross–examine a witness. The defendant was charged with a crime predicated
on evidence alleged to be a controlled substance that was seized by law enforcement officers and
submitted to the Broward Sheriff's Office Crime Lab for testing. Kelli McDonald, a crime lab
chemist, performed the forensic analysis of the alleged controlled substance, in this case. The State
relied upon the forensic analysis of the suspect controlled substance performed by the Crime Lab to
prosecute this case. However, in 2012, Kelli McDonald was the subject of an internal affairs
investigation conducted by the Broward Sheriff's Office: Department of Professional Standards
regarding the loss or mishandling of evidence. The Broward Sheriff's Office: Department of
Professional Standards, Division of Internal Affairs found that Kelli McDonald violated
departmental operating procedure and engaged in misconduct thereby causing cocaine evidence to
go missing. This memorandum is asking the Court to ... Show more content on Helpwriting.net ...
The State is presenting Kelli McDonald against the defendant to testify to her lab report. Similar to
Dodd and Melendez–Diaz, the defendant in this case has the right to cross–examine Kelli McDonald
regarding her capacity as a chemist on his case and her present capacity capacity in order to display
the possibility of impropriety. Since Kelli McDonalds's lab report and testimony belong to the core
testimonial class of evidence, her testimony directly relates to the defendant's defense because there
is a break in the chain of custody when the Sheriff's department's exerted control over the evidence
could display the possibility of

The Laws Of Evidence From The Criminal Court
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 individual's guilt. However, the act itself had no
clear foundation in determining

Essay on Laws of Evidence
Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
You have asked me to analyze and determine whether the evidence that prosecution would like to
introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request,
this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such
evidence.
Statement of Facts
The defendant was prosecuted for the murder of his wife. The victim's body was never recovered, no
murder weapon was ever found, and there were no witnesses to the crime. At trial, prosecution
would like to introduce the following as evidence: 1. A computer disk, found in the defendant's desk,
that contains a ... Show more content on Helpwriting.net ...
See Fed. R. Evid. 403(2011). In order for it to meet the requirements to be excluded, the danger of
unfair prejudice, confusing the issues, the jury being misled, undue delay, time being wasted, or
unnecessary presentation of cumulative evidence has to greatly outweigh the probative value of the
evidence. If harm that is not related to the legal issue of the case will be done to a party by the
introduction of the evidence, then the evidence prejudicial. A fact often possesses both probative and
prejudicial effects, in which case it is then left up to the court to determine if the prejudicial effects
outweigh the probative value enough to exclude the evidence, or if the probative value of the
evidence outweighs the prejudicial effects enough to deem the evidence as admissible. Prejudicial
evidence tends to discredit the accused and make the jury dislike him/her more, and offers little or
no insight to the matter of the case or assistance in the search for the truth.
ANALYSIS ISSUE I
Is the computer disk that was found in the defendant's desk containing a file named "murder" which
appears to be a twenty six step guide on how to carry out a murder admissible evidence in this case?
Although this evidence does not necessarily prove that the defendant is guilty of murdering his wife,
it does have the tendency to prove that the defendant was interested in gaining the knowledge of
how to carry out a

Court Standards, Rules, and Regulations
THE STANDARDS USED TO DETERMINE EXPERT WITNESSES In the legal foundation of the
courts, the courts are typically known for prohibiting witnesses from offering testimony based upon
opinions of their own or even their own analysis. Courts, however, are more lenient when it comes
to including testimony by expert witnesses that provide testimony that falls within the realm of their
own expertise. Cornell University Law School state that, in general terms, expert witnesses are
provided the ability to testify about the opinions of a case given that their analysis that they use can
be determined as 'scientifically sound' (n.d.). It is, however, important to identify that there are
standards to which expert witnesses are determined and that there are federal rules designed to that
of the use of expert witnesses and the standards behind their inclusion as well as the information that
they are allowed to claim knowledge to. These federal rules are listed under the Federal Rules of
Evidence under Article VII: Opinions and Expert Testimony (Rule 701–706); these, however, are
not to be confused with the previous article which is Article VI: Witnesses, which contain rules 601–
615 about witnesses used within court as a general basis of information (Committee on the Judiciary
House of Representatives, 2013). To provide a simple understanding of Rules 701–706, these rules
show that an expert witness or an expert who is qualified, is granted the ability to provide their
opinion to assist

Forensic Psychologists
An expert witness (forensic psychologist) will be asked by the jurisdiction court's the following
questions (Specialty Guidelines for Forensic Psychology, 2013). For instance, determination
questions that will let the courts know how this expert witness is actually trained to be an expert
witness (Specialty Guidelines for Forensic Psychology, 2013). The qualifications of an expert are
skills, experience, education, knowledge, and training (Specialty Guidelines for Forensic
Psychology, 2013). The expert witness may bear witness to that in the form of a judgment or else, if
(1) the evidence is founded upon adequate evidence or statistics, (2) the evidence is the creation of
dependable values and procedures, and (3) the witness has theoretical principles and procedures
consistently to the evidence of the case (Specialty Guidelines for Forensic Psychology, 2013).
However, as specified, the rule ... Show more content on Helpwriting.net ...
Knowing how to fulfill the duties and obligations of their role is also very imperative in any case
since the professional's opinion is highly accepted if he or she has professional training in certain
legal areas (Specialty Guidelines for Forensic Psychology, 2015). Furthermore, there is a possibility
that a forensic psychologist will have to break confidentiality. The forensic psychologists are
required to break confidentiality and report or even testify when clients pose a danger to themselves
or others, and when a counselor believes that a minor (a person under the age of 16) is a victim of
rape, incest, or abuse (Specialty Guidelines for Forensic Psychology, 2015). They are also required
to release their records to a third party upon request of the client. Finally, therapists must release
certain information if it becomes an issue in court action (Specialty Guidelines for Forensic
Psychology,

Amissibility of Text Messages in Court
The more technology has been developing, the harder it has been to have privacy. Technology has
been making our lives so much easier yet so much harder. Most people have smart phones that store
all of their conversations through text messages, emails, picture messages, social media applications
and chat messengers. As much as we would like to believe that we are the only ones that have access
to our phones there are ways for police to be able to tap our phone without our permission. This
essay will examine court cases regarding text messages including the admissibility and
inadmissibility of text messages as evidence in court, verification issues and also how to create fake
conversations through text messages. Evidence of text messages are primarily used by prosecutors
to discredit the defendant(s) even though "prior discreditable conduct is generally inadmissible,"
however, exceptions are made (R v SM, 2012 [8]). In the case of R v SM, the judge concluded that
the text messages are admissible evidence for two reasons, both on the basis that the messages
provided direct evidence to the defendant's involvement in the crime. Therefore, the exception under
the exclusionary rule applies because the evidence is "highly relevant and cogent that its probative
value in the search for truth outweighs any potential for misuse" (R v SM, 2012 [6]). An appeal is a
system of reviewing a decision of a previous judge who had misused or misinterpreted the law. After
discovering the error

Evidence In Criminal Law Cases
Police officers put their lives out on risk for everyone, knowing that they may not come home to
their families. They deserve the best things to be safe alongside us, as they are the ones protecting
us. What do police officers actually do for starters. They are assigned designated areas to patrol,
during the shifts they can "respond to calls, enforce laws, make arrests, issue citations, and
occasionally testify in court cases." (criminal justice) When they do their job right and obey the law,
they are able to do the things that they need to do. All the different things they do, all led to solving
cases and put criminals away from getting to us. (Findlaw) Police do a lot of other things like
volunteer on their off time or help train rookies. ... Show more content on Helpwriting.net ...
The motto for police is "protect and serve". So should they be required to protect us? No they
shouldn't but they should be wanting to protect the citizens because that would be a great reason for
wanted to serve and protect. "They often make traffic stops, respond to domestic disturbances, and,
at times, provide first aid to someone involved in a traffic accident or injured in a domestic dispute
until paramedics arrive." (criminal justice). They are here to help until paramedics get there. This is
one way they help protect us everyday. "On a daily basis, an average of 268,000 9–1–1 calls are
made, 80 to 85 percent of which are for law enforcement assistance." (policemag) In the beginning i
said we need to be courtesy. Now this is what i mean, prank calls take up over half of their time.
Also, non–emergency calls. The people who called 9–1–1 that are non–emergency need to know
that they are wasting the police's time. Some may disagree and think that it is okay to call and talk to
them, which it can be but the time they are wasting is a time where someone who really needs help
won't get help. Police Officers would still need to response to the calls even though they aren't that
important because it may turn up that they are helping someone and could catch a crime being
committed across the

Expert And Expert Opinion Evidence
Expert evidence is a testimony given by expert witnesses. An expert witness is therefore a person
who is allowed to give their opinion in a court of law because of their knowledge or skill in a
particular subject. They are providing the court with statement of opinion on any matter calling for
their expertise.
There are no specific rules as to who may testify as an expert. Expert witness, however, must have a
sufficient knowledge and practical experience before placing their evidence in the court. The experts
must acquire their expertise in the relevant field by education, training or experience.
It is up to the judge, nonetheless, to decide whether a person is qualified to testify as an expert and
the courts require an expert witness to be of the highest standard of accuracy and ... Show more
content on Helpwriting.net ...
Expert witnesses have the privilege to provide opinion evidence because they possess particular
knowledge or experience in the subject under investigation.
Expert opinion evidence is admissible when it provides the court with information which is likely to
be outside the court's knowledge and experience, such as unfamiliar kinds of machinery, documents,
medical conditions or other relevant field. They are to educate the court about matters which lie
within their specialisation or to convey relevant aspects of their knowledge, skill, or experience to
the court. This is due to the assumption that the court is unfamiliar with such area of knowledge or
skill.
The experts must also offer opinion evidence which is related in their field of expertise, or the
experts have to provide an opinion which is relevant to an issue in the case; otherwise, the opinion
of the expert will be inadmissible.
The court may occasionally ask an expert to provide evidence of facts too. For example, the court
may ask an expert on a particular machine to give evidence on how it operates, if it is relevant to an
issue in the

No Scientific Evidence Or Expert Witnesses
How or why some scientific evidence or expert witnesses are allowed to be presented in court and
some are not can be rather confusing. However, there is significant reasons on why the decision was
made. The three major sources that currently guide evidence and testimony admissibility: the Frye
Standard, the Rule of 702; and, the Daubert Standard, as well as who can serve as an expert witness
in a court of law.
Daubert refers to the legal precedent set by the United States Supreme Court in 1993 which defined
the criteria for admissibility of expert witness testimony in the Federal Courts. The Daubert ruling
(Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579) superseded the long–standing Frye
standard (set in 1923) for expert witness testimony (Cornell University, n.d.). The Frye v United
States case states that a court must determine whether or not the method by which that evidence was
obtained was generally accepted by experts in the particular field in which it belongs. In 1923, in
Frye v. United States, the District of Columbia Court rejected the scientific validity of the lie
detector (polygraph) because the technology did not have significant general acceptance at that time
(Forensic Science Simplified, n.d.). The court announced that a novel scientific technique "must be
sufficiently established to have gained general acceptance in the particular field in which it belongs"
. The court found that the systolic test had "not yet gained such standing and scientific

Evidence Law and Audit Program Essay
As corporate controller for Apollo Shoes, you are tasked to find and explain any irregularities in the
Apollo Shoes Case.
Resource: Apollo Shoes Casebook
Define the process you will use and address the following assessed classroom discussion questions:
What procedures will be used to collect accounting evidence?
What sampling tools and techniques will be used for the examination?
How will you use analytical and inferential tools to evaluate accounting evidence?
Submit your assignment to the facilitator.
Note. APA formatting is not required for this assignment. Use a title and reference page where
appropriate. Consider using a checklist or flowchart to outline your process.
There are many irregularities that can arise ... Show more content on Helpwriting.net ...
79–80).
Substantive procedures for detecting irregularities in cash receipts include the following:
▪ review the cash receipts journal and master file for unusual transactions; ▪ trace cash receipts
entries from the cash receipts journal entries to the bank statement; ▪ prepare a proof of cash
receipts; ▪ obtain a...
Although every investigation case is unique, the investigation process is similar for most cases and
usually consists of four stages: Goal Setting, Planning, Investigation and Evaluation. The
investigation process starts with goal setting. Goal Setting sets the expectation and identifies the
complainant's goals as well as obtainable results and acceptable outcomes. "The effectiveness of
every fraud investigator, in pursuing either criminal or civil fraud investigations, is ultimately
judged by how closely–and consistently–she reaches or exceeds her investigative goals."
Once the goals and expectation have been clearly defined, then an investigative plan is developed.
Financial fraud investigations usually involves large amounts of data and information, an
investigative plan focuses and controls the investigation and helps to manages the volumes of data
gathered in an investigation.
The investigation process begins with intelligence gathering, these procedures includes database
searches,

Judicial Affidavit Rule
[A.M. No. 12–8–8–SC, 4 September 2012]
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases
filed each year and the slow and cumbersome adversarial system that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants
simply give up coming to court after repeated postponements;
Whereas, few foreign businessmen make long–term investments in the Philippines because its
courts are unable to provide ample and speedy protection to their investments, keeping its people
poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases
under litigation, on February ... Show more content on Helpwriting.net ...
Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known
to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino,
and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness
and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does
so under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is
authorized by law to administer the same.
Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation
at the end, executed by the lawyer who conducted or supervised the

Digital Evidence And Law Enforcement Essay
Since the introduction of computer and technology, they have become the new weapon in
committing crime, and to the burgeoning science of digital evidence, law enforcement now use
computers to fight crime. Nevertheless, digital evidence is information stored, transmitted, and
received in binary form that can potentially be relied on as evidence in court. Notwithstanding,
digital evidence is commonly associated with crimes that involve such devices, such as a computer
hard drives, external storage devices, mobile phones, among others, and are often referred to as e–
crimes. However, to fight e–crime, law enforcement must collect relevant digital evidence for such
crimes, law enforcement agencies are incorporating the collection and analysis of digital evidence,
also referred to as computer forensics, into many of their infrastructures. Law enforcement agencies,
such as the Federal Bureau of Investigation (FBI) place a high priority in cybercrime, and work
diligently with Subcommittee's and Congress to ensure that law enforcement and the private sectors
have the tools and protections to combat such crimes. However, to effectively succeed with
combatting cybercrime, coordination and cooperation among all levels of government and private
sector companies is crucial. The clear majority of communication and commerce conducted via the
Internet is for lawful purposes, nevertheless, the Internet is increasingly utilized to foster fraudulent
schemes. Moreover, such fraudulent scheme

Respondent's Arguments In The Mukamusoni Case
a. No specific corroboration is needed to establish credibility of respondent's statements about
witnessing the public burnings of neighbors, who opposed narco–traffackers demands, and the death
of her brother–in–law at the hands of narco–traffickers.
Counsel for the Department of Homeland Security has asserted that Respondent's statements about
witnessing the public burning of neighbors, who had opposed the narco–traffickers, were not
corroborated by the statements made by her uncle. Therefore, Respondent's statements should not be
deemed as credible. While corroboration may bolster an asylum applicant's credibility, an
application may still be credible absent specific corroboration, especially where his or her
explanations for ... Show more content on Helpwriting.net ...
390 F.3d 110. The BIA found her testimony to be "vague regarding key elements of her asylum
claim" and "scant and generalized." Id at 118. The BIA made this finding, based on her testimony,
that she was raped during her incarcerations, but provided no detail corroboration about the
incidents." Id at 118. The appellate court ruled that the BIA committed error of law and misapplied
the law. Id at 120. The Court went on to say that, by focusing narrowly on only parts of the
applicant's record that supported its decision, by raising too high the bar for an asylum claimant
seeking to prove past persecution or a well–founded fear of future persecution, by unreasonably
evaluating the record, and by excessively demanding corroborative evidence. Id at 120. The
respondent testified about witnessing the brutal torture and murder of one of her neighbors, who
opposed the cartel's demands to use his land for cultivation of poppy, and the death of her brother–
in–law, Udin, did not need to be corroborated by newspaper articles, or police reports, if
respondent's case as a whole was found to be credible by the Honorable Immigration

What Is Computer Scensic Methodology?
Computer crimes present exorbitant issues in today's society. With computer security crimes on the
rise, it is becoming e crucial for law enforcement officers and digital forensic examiners to
understand computer forensic efficiently and effectively. It has become critical for law enforcement
and digital forensic analysts to comprehend computer frameworks productively and adequately as
cybercrimes continue to rise as society relies upon the usage of technology. Assessments of
information system incidents can be reviewed and evaluated through forensic methodologies. The
essential the methodologies presented in digital forensic process model will ensure my forensic team
identify potential digital evidence on any type of electrical gadget. ... Show more content on
Helpwriting.net ...
Analysis. The analysis stage is the process of analyzing or breaking down the results of the
examination and utilizing lawfully reasoning strategies and procedures, to determine a hypothesis.
The hypothesis addresses inquiries that were proposed during the data gathering and examination.
Additionally, measure frequently are uncover during this phrases which were not noticeable to the
naked eye. Reporting. The reporting phrase is the last stage which announces the results of the
investigation. The detail report composed by investigators may incorporate the specific activities
utilized, express how devices and strategies were chosen, specify if other procedures should be
performed, and provide recommendations (Pollitt, 2007). In a digital search, the sensitivity and
likeness of evidence could be compromised is extremely high. In a digital search, the preparation
phrase, the environment must be controlled and secured before and during the search. Preparing the
environment by implementing safe practices to secure the digital crime scene environment can
knowingly increase the accuracy of investigators data collection. Any data present at the crime scene
could possibly be valuable and can be a unique finger impression or digital footprint (Laubscher,
2005). Investigators must fully review the extent of the search warrant for legal purpose before the
collection of evidence. Investigators must identify

How Law Enforcement Can Prove Evidence And The Guilty With...
There are different ways law enforcement can prove evidence and the guilty with impression
evidence. Latent (invisible) or patent (visible) prints that are used in criminal investigations are
typically collected from crime scene specialists to reveal or extract fingerprints from any surface or
objects with the use of chemical or physical methods. Fingerprints can be shown when they are
taken from a crime scene where the crime was committed. Fingerprints and bite–mark evidence
have similar traits to shoe prints and tire tracks that can be used in criminal investigations. There are
a percentage of palm prints that must be left at the scene to make a comparison for valid evidence.
Fingerprints can be taken from a crime scene in various methods. Fingerprints are classified into
three categories depending on the surface they are found. Fingerprints on soft surfaces are most
likely to be three–dimensional plastic prints such as soap, wax, wet paint, fresh caulk, etc. ("A
Simplified Guide To Fingerprint Analysis", n.d). The fingerprints on hard surfaces are patent or
latent prints including blood, dirt, ink, paint, etc. transferred from a finger or thumb to a surface ("A
Simplified Guide To Fingerprint Analysis", n.d). Patent prints can be collected using photography.
The prints are photographed in high resolution with a forensic measurement scale for the image for
reference. There are multiple methods for discovering and collecting latent prints. Alternate Light
Source (ALS) use

Evaluation Of A Forensic Readiness Plan Essay
1. Having a Forensic Readiness Plan is beneficial to a private entity because stablish procedures,
regulations and expectations for not only for me, the Information Security Specialists, but also for
all company employs. To me the top 3 requirements to establish a forensic readiness plan are:
Outline the business scenarios that involve digital evidence, this step will allow me to define what
could be the threats to the business, our vulnerabilities and how it could affect our case with Mr.
McBride. Next, would be Identify available sources and different types of potential evidence, this is
important because we need to know what sources of evidence are existing on or could be produced
by our systems. Last but not least, is what I believe is the most important requirement in our plan,
confirm legal evaluation to enable action in response to an incident. Is imperative to have a review
of the case from a legal standpoint. 2. Yes, I believe Mr. Jenkins or Mr. McBride's supervisor can
search McBride's locker in the company's on–site gym for digital evidence as long as a few criteria's
are met. First, a policy for such search should be in place. If employees are warn in advance (in
writing and sign as part of their contracts) that some areas could be subject to search, we as
employees should have very low prospects of discretion in those areas. I also would add a third
party who is impartial, local law enforcement, who could be there with Mr. Jenkins to perform the
search on

Laws Of Evidence
'The laws of evidence have as their primary concern the protection of accused persons from
wrongful conviction. All other considerations, many being of marked significance, are to be
weighted in light of this crucial principle'. Discuss.
The laws of evidence are crucial in both governing and administrating justice. They have been
carefully developed through many different statutory obligations and also developed through the
common law. It can be argued that the main aims of evidence are to fairly and justly seek the truth to
a crime, and if the court finds so, prosecute the accused. However, it can be noted that in both
criminal and civil crimes, the laws of evidence are centred around protecting the accused of
misconduct, with commonly the ... Show more content on Helpwriting.net ...
For example, there have been a number of highly publicised cases of people wrongly convicted of a
crime. A key case is that of Gerry Conlon who was falsely convicted for an IRA bombing which he
had no part in. Other cases include that of Sally Clark (falsely convicted of murdering her child)
Paul Blackburn (falsely convicted of sexual assault and murder) and Sam Hallam to name but a few.
In all of these cases there was a clear miscarriage of justice, and with most stemmed from the laws
of evidence being used improperly or not to protect the accused but to 'fit the crime to the man'.
Projects such as the innocence project aim to combat these miscarriages of justice, but it must be
noted that for the purposes of whether the primary aims of the laws of evidence were to protect the
accused from wrongful conviction, would projects such as the innocence project have to be
developed to actively seek justice for those wrongfully convicted? Or should not the system devised
by the laws of evidence seek to prevent these miscarriages from happening in the first

History And Development Of The Law Of Criminal Evidence Essay
Question #1: Read Chapter 1 – "History and Development of the Law of Criminal Evidence"
a) The Rules of Evidence are set parameters that were adopted from British Courts through the
English Common Law and are an important part in safeguarding the rights of the accused persons in
a fair trial and also to ensure that the criminal justice system is functioning the way it should be.
Now of course at the time, the death penalty ruled and was used more in the colonies. Since
evidence was not much more than word of mouth and one person saying that someone committed
the crime, and a few artifacts that helped in the crime. This lack of physical evidence led to many
people being convicted of crimes they did not commit. Some of the falsely accused would then
eventually be hung for a crime they simply could not prove they had nothing to do with. Then came
investigative roles in policing. These specialized authorities were able to find clues and evidence
that could prove some ones innocence or guilt. Investigators were able to show there evidence in
court to prevent the wrong people from going to prison, or sending the right criminals were they
belong. Lastly, a major innovation in evidence was DNA. Authorities could find a hair or any piece
of material with DNA on it and compare that DNA with a suspect's DNA. The result of being able to
prove that without a doubt a suspect committed a crime through a hair was astounding. Another side
to DNA testing was being able to prove innocence.

485 Forensic Law Midterm Exam Essay
JUS 485 Midterm Exam
Answer the following questions, which are based upon the first four modules of the course.
1. Explain why it is that evidence gained through the forensic science process is almost always
considered to be circumstantial evidence.
The most important fact that makes forensic evidence circumstantial is because science cannot be
clearly defined by law. The legal system have created standards and written legal rules regarding the
admissibility of forensic evidence. When forensic evidence that is presented in court is rarely
unaccompanied by an expert witness to provide the court room with a professional explanation
backing the reliability of the forensic process used to collect the relevant evidence. This is one the ...
Show more content on Helpwriting.net ...
Expert witnesses are used by attorneys to give professional opinion and explanation of information
that the common individual would otherwise have no understanding of. Searching the web I
discovered SEAK a website devoted to compiling information on expert witness. All of the expert
witnesses listed on the site have been previously used in cases to provide testimony to specific
evidence that is within the parameters of their expertise and professional credentials. Jill Kessler
Miller is a great example of a specific expert witness. Jill resides in Southern California and is an
expert in forensic science and dogs. She has testified in nine trials over the past four years. She has
had over twenty–five years of experience with training dogs. She has a college degree in English
and a graduate certification in Animal Policy & Advocacy. The site also lists the multiple specific
topics she gives testimony to. This is a great example of an expert witness because she lists are her
professional credentials and specific fields that she will testify about in court. Dog bites and
veterinary forensics are her direct links to forensic evidence.
An expert witness's expertise, training and special knowledge of a subject allows them to be give
opinion is court. There is an exception to the rule against witnesses presenting anything but fact.
Regardless, an expert witness's opinion must be unbiased and bases solely on their special
knowledge, train, and expertise in the field. The

Evidence Law in the Ugandan Jurisdiction
BURDEN OF PROOF AND STANDARD OF PROOF. Under s. 4 of the Uganda Evidence Act,
evidence may be given in any suit or proceeding of the existence or non–existence of every fact in
issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as
a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily
involves the adduction of evidence in an attempt to prove a fact, subject to occasional cases where a
fact can be established without evidence. Towards the end of the Nineteenth Century, Thayer
maintained that the "words burden of proof" were used in two senses and that there was only one
phrase for two ideas. One idea was the duty of him who will lose the case if ... Show more content
on Helpwriting.net ...
It also includes tape recording which may not fall under any of the definitions. The admissibility of
tape recording was first considered in R v Maqsud Ali. A murder had been communicated and the
two appellants voluntarily entered a room with a Police Superintendent and a Pakistani Liaison
Officer. A microphone was installed in the room and connected to a Tape Recorder in another room.
The recorder was switched on and the Superitendant and the Liaison Officer left. While the
appellants were alone, they conversed in a Punjabi dialect and their conversation almost amounted
to a full confession to the murder. The tape was kept in Police Custody but not all the appellants said
it was clear as the recording contained several street voices. It was also not easy to prepare the
transcripts and translations of the words on the tape because the words had to first be translated into
Urdu which is the Official language of Pakistan. At the trial, one of the issues was whether the tape
recording and the transcript translations should have been admitted in evidence. Court held that
evidence of a tape recording was in the circumstances admissible the trial judge having properly
warned the jury of the caution with which they should consider the translations. That the translations
were properly admitted despite the difficulties of language and that the recorder was in substance a
mechanical eavesdropper and the judge had

The Judicial System 3300 : Georgia Gwinnett College
Admissibility of Evidence
April Smolkowicz
Professor Carroll
The Judicial System 3300
Georgia Gwinnett College
Abstract
The admissibility of expert testimony from the past to the present, The Federal Rule of Evidence,
Rule 702 (1975) the revision of Rule 702 (2000) and (2010), Frye v United States (1923), Daubert v
Merrell Dow Pharmaceuticals, Inc. (1993), and Kumho Tire Co., v Carmichael (1999).
I. Introduction:
II. Federal Rules of Evidence, Rule 702 (1975)
A. Rule 702 expert witness compared to a fact witness
B. Standards for admissibility of expert testimony
C. Rule 702 revised (2000)
III. Frye v. United States 293 F. 1013 (D. C. Cir. 1923)
A. Frye ... Show more content on Helpwriting.net ...
Most of us know that these shows are in fact fabricated and far from reality in the real world. We do
not have equipment that sophisticated in real life and it takes longer than an hour to solve a crime,
much less talk to witnesses, and victims and possibly the gathering of evidence to be tested and
analyzed. With this in mind we will discuss the admissibility of evidence beginning with the Federal
Rules of Evidence (FRE) enacted July 1, 1975, also associated with Public Law 93–595: an act to
establish rules of evidence for certain courts and proceedings enacted by legislature. The FRE is the
introduction of evidence at the civil and federal trial courts in the United States whereas it is left up
to the jury and or the judges' digression. As the Federal Evidence Review stated that, "The
legislation was the culmination of more than fifteen years of effort to draft uniform rules of evidence
for the federal courts. The final legislation was then sent to President Gerald R. Ford and signed into
law, as the new Federal Rules of Evidence (2015)." The rules are broken down into eleven articles;
for now we will explore article VII – with the opinions and expert testimonies. When comparing the

Digital Evidence And Law Enforcement Essay
Computers have become a new weapon in committing crime, and to the burgeoning science of
digital evidence, law enforcement now uses computers to fight crime. Digital evidence is
information stored, transmitted, and received in binary form that can potentially be relied on as
evidence in court. Notwithstanding, digital evidence is commonly associated with crimes that
involve such devices, such as a computer hard drives, external storage devices, mobile phones,
among others, and are often referred to as e–crimes. However, to fight e–crime, law enforcement
must collect relevant digital evidence for such crimes, law enforcement agencies are incorporating
the collection and analysis of digital evidence, also referred to as computer forensics, into many of
their infrastructures. Law enforcement agencies, such as the Federal Bureau of Investigation (FBI)
place a high priority in cybercrime, and work diligently with Subcommittee's and Congress to
ensure that law enforcement and the private sectors have the tools and protections to combat such
crimes. However, to effectively succeed with combatting cybercrime, coordination and cooperation
among all levels of government and private sector companies is crucial. The clear majority of
communication and commerce conducted via the Internet is for lawful purpose, nevertheless, the
Internet is increasingly utilized to foster fraudulent schemes. Moreover, such fraudulent scheme has
become more complex and malicious. Law enforcement agencies

Forensics Examiner and Digital Evidence in Nigeria
ADMISSIBILITY OF THE OPINION OF A COMPUTER FORENSICS EXAMINER AS AN
EXPERT EVIDENCE UNDER NIGERIAN LAW OF EVIDENCE By
Philip O Nwachukwu
As a general rule under Nigerian law of Evidence, the opinion evidence is irrelevant in court trials.
Thus section 66 of the Evidence Act CAP E14, Laws of the. Federation of Nigeria (LFN), 2004
provides that the fact that any person is of the opinion that a fact in issue, or relevant to the issue,
does or does not exist, is irrelevant to the existence of such fact except as provided in sections 57 to
65 of the Evidence Act. Exceptions to this general rule are contained in sections 57 to 65 of the
Evidence Act, which make opinion of experts and non–experts relevant with regard to foreign law,
native law ... Show more content on Helpwriting.net ...
It is important to note that it is principally the duty of the court to determine who is an expert, ie,
whether a person is sufficiently skilled to give expert evidence. (see the case of R v. Onitiri (1946)
12 WACA 58 at 59); see also section 186 of the Evidence Act). The court is assisted in discharging
this duty by the expert witness stating his qualification and experience before leading evidence. See
the case of Azu v. The State (1993) 6 NWLR (Pt. 299) page 303. It should also be noted that the
skill required for this purpose is not necessarily acquired by academic qualification or training; it
may also be by experience (Shell Petroleum Development Co. (Nig) Ltd. V. Tiebo (1996), 4 NWLR
(pt. 445) P. 657). Although the court will normally accept an un–contradicted expert evidence (
Siesmograph Service (Nig) Ltd V. Apkororo (1974) 6 SC 119), it will not be bound to do so where
such opinion conflicts with common sense (Okoh v. The State. (1971) NMLR 140) or where the
expert fails to state the basis of his opinion (Idudhe v. Eseh (1996) 5 NWLR (Pt. 451) P. 750). The
correct test of the relevance of the witness`s opinion as that of an expert is whether he is specially
skilled on the particular field in question (Siesmograph Service (Nig) Ltd. V. Onakpasa (1972) 1
ANLR (part 1) 343. Where evidence of an expert on a particular field is

Questions On The Law And Criminal Justice System
Chapter 6: Question 2
Alyssa Chamberlain
Bloomsburg University
Chapter 6: Question 2 "You have the right to remain silent. Anything you say can and will be used
against you in a Court of law. You have the right to an attorney. If you cannot afford an attorney, one
will be provided for you. Do you understand these rights as they have been read to you?" (What,
2015). Today these Miranda Rights are common knowledge, a staple in our Criminal Justice system
that binds the rules and regulations together. From the arrest to either a conviction or acquittal, the
Miranda Rights have been involved in all of it, but they affect whether or not one thing can happen;
an interrogation. According to the dictionary an interrogation is ... Show more content on
Helpwriting.net ...
Although physical torture is now illegal, it does not stop police from using other methods of
psychological deception. One of the most popular methods is showing the suspect falsified or
fabricated evidence, otherwise known as a false–evidence ploy (FEP). There are three categories:
demeanor, testimonial and scientific. A study done in 2007 showed that ninety–two percent of a
sample of 631 policemen used FEPs to gain a confession (Forrest, 2012). Demeanor FEPs are
characterized by the behavior of the suspect and using those assumptions to determine whether or
not he or she is guilty. Sayings such as "We can tell the way you're acting that you are not innocent"
and "You don't seemed surprised or sad that he is dead" show that detectives and police use the
suspects appearance and behavior to specify guilt, even though there is no evidence proving it.
Testimonial FEPs are one of the most common and consist of eyewitnesses, video surveillance or a
co–conspirator that puts them at the place and time of the crime. In 2009 Nash and Wade conducted
a study showing the power behind this kind of FEP. All of the participants signed and admission of
guilt when viewing a falsified video recording or even the threat that there might be incriminating
evidence. Scientific FEPs are viewed as the most deceptive and coerced due to their seemingly
undeniable nature. These include fingerprints, DNA, medical reports and other forensic evidence. In
a survey it was

The Role Of Dna Analyst On The Rights Of The Defendant
The goals of science are to make sure that the goods and services they provide are of value to the
community, enhance knowledge, discredit false information or beliefs, and most importantly to keep
a record through documentation so that others can benefit from the knowledge obtained as well (1).
The role of the DNA analyst is also, in part, to protect the rights of the defendant. The DNA analyst
contributes to the trial process in that their job is to analyze evidence, according to set guidelines
and procedures can sway jurors or a judge. The results from the analyst's analysis can be entered
into the court in compliance with the defendant's right to view the evidence, a process called
discovery. When they testify, they are in compliance with the defendant's right to confront their
accusers. The right to a fair trial conducted in a competent manner, right to be present at trial, right
to an impartial jury, and right to be heard in one's own defense is a part of the defendant's right to
due process.
Discovery is as defined in Butler 2012 is the legal process whereby information and materials
relating to the prosecution of a defendant in an upcoming trial are shared between the prosecution
team, for instance, law enforcement, crime laboratory, prosecuting attorney, and the defense counsel
(1). The guidelines of discovery are outlined by the laws of the federal and state governments. The
prosecution must share every element of their case against the defendant with the

A Brief Note On Criminology : Group Project Essay
Criminology: Group Project
Name
Institution
Expert Witness
An expert is a witness who has a knowledge or experience in a particular field that is beyond that of
a layman. This knowledge and experience enable the particular expert witness to testify on regards
to an issue that requires expertise to comprehend.
To become an expert witness, a number of qualities must be possessed by the witness including, and
not limited to, the number of years they have practiced their expertise, their work experience, any
publications, certificates, training, peer recognitions, and educations.
There are several restriction imposed upon an expert witness. To begin with, an employee cannot
serve as an expert employee, unless on the behalf of the State or under authorization by his or her
agency. In addition to that, one cannot serve as an expert employee where he or she is a special
Government employee.
In the witness stand, there is a difference between a lay witness and an expert witness. On one hand,
a lay witness is a witness that can act as an expert through common sense and life–long experience
in the field concerning the case. On the other hand, an expert witness holds a specialized knowledge
in the area/field that concerns the case and whose opinion is called upon.
The Daubert Rule vs. The Frye Standard
Of late, there has been an ongoing heated debate concerning expert testimony. This is due to the fact
that, more are times that the scientific evidence

The Importance Of Forensic Science In Criminal Justice
In recent decades, there has been wide controversy over forensic science in criminal justice and it's
credibility. Criminal justice system relies on forensic evidence, which includes bite–mark and hair
analysis, to convict criminals. People began questioning the legitimacy when the FBI admitted to the
flaws in hair analysis in hundreds of cases that occurred over decades before the 2000s. Not only
those cases but many others in which the evidence was not scientific legitimate. According to The
National Registry of Exonerations, more than 2,000 people have been exonerated in recent decades.
More than 400 of those, were because of misleading or flawed evidence. This all has proven that
these methods used for hundreds and thousands of years need to be fixed and changed. In the state
of Texas for example, they have a reorganized commission that is working to improve forensic
science within the state. The issue is also the prosecutors and many in the criminal justice system.
They defend these methods because of its long–standing practice. Which has already proven, that it
is not credible in proving someone's innocence and it has cost many of people's lives.
Forensic Science Credibility Research has shown that in many cases the evidence is not credible.
Brandon Garrett, who is a member of the advisory board of the National Registry of Exonerations,
wrote: "Traditional forensics put these people in prison in the first place. People came in and said,
'The evidence

Criminal Trial And The Judicial System Of England And Wales
In a criminal trial or a civil case, a jury or magistrate court in England and Wales is required to
determine and analyze the disputed factual issues. With such a requirement, expert witnesses in the
relevant field are called upon to assist the fact–finding body interpret and understand evidence or
opinion with which such a body is unfamiliar. The current approach to the admissibility of expert
evidence within the judicial system of Wales and England is that of laissez–faire (Akers, 2000).
Within laissez–faire, a number of experts' evidence or opinion are admitted in the jury or magistrate
court without adequate scrutiny since no clear guideless are applied to find out whether the expert
opinion is sufficiently admissible and whether it ... Show more content on Helpwriting.net ...
Hence, it gives equality in any decision made so after the hearing is adjourned, come different
expert opinion to enhance or influence the judge to make the right decision In the recent proposal
for reform in the admission of expert evidence, The Law Commission for England and Wales
observed that the "the common law approach to the admissibility of expert opinion evidence is one
of laissez–faire, with such evidence being admitted without sufficient regard to whether or not it is
sufficiently reliable to be considered by a jury" (Akers, 2000). According to the Commission, this
approach is unsatisfactory and recommended that the admissibility of expert evidence should be
considered in the criminal investigation only if (1) it is provided beyond reasonable doubt that the
person who is called upon as an expert witness is skilled, experienced and qualified to give such
evidence or testimonies and (2) the court should properly scrutinize the expert evidence to ensure it
contains scientific principles which are admissible to the court and to the case in question. Under the
proposal of the commission, evidence, opinion or testimony over a crime will only be admitted if the
strength of the evidence is soundly based. For example, the experts evidence would not be admitted
in the court of law if (a) it is based on flawed data, (b) it is based on an unjustifiable assumption, (c)

Pros And Cons Of Uncorroborated Evidence
Firstly, uncorroborated evidence reduces the rate of perpetrators escaping from conviction. It is
pertinent to note that in most of the sexual assault cases where the child is the victim, there is often
little or no physical evidence. The child and the accused are likely to be the only witnesses. Due to
the requirement of corroborated evidence, where in fact, there is none, it had undoubtedly led to
many perpetrators escaping conviction as the alleged victim, the child's evidence is not corroborated
and there was nothing else to prove guilt beyond reasonable doubt. With the newly implemented
section where there is no requirement of corroborated evidence, the judge has the opportunity to
consider the child's uncorroborated evidence and able to access the weight to be accorded to such
evidence in the particular case. The weight is to be attached to the evidence or testimony of the child
and is to be assessed by the trier of fact but not the rigid requirement of corroborated evidence.
Besides, without the need of corroborated evidence, it is said to be more flexible compared to
requiring the corroborated evidence. The court is such situation will consider the facts and the
testimony of the child witness before convicting the defendant. Likewise, when corroboration is ...
Show more content on Helpwriting.net ...
This is demonstrated in the case of ___ where his Lordships, __ held that "When there is a
requirement of corroborated evidence, there is a tendency of male judges treating sexual assault
complainants such as women and children as prone to be unreliable." The abolishment of the
requirement of corroborated evidence, has indirectly forced the judges to consider the children's
testimony, the fact of the case, but not solely to rely on such requirement, dismiss the victim's claim
and cause detriment or injustice to

Crawford V Essay
Legal Memorandum
TO: Judge Mack
FROM: Legal Clerk– Paloma Garcia
RE: Crawford v. Washington
DATE: November 2, 2014
Petitioner Michael Crawford stabbed a man who allegedly tried to rape his wife, Sylvia. At his trial,
the State played for the jury Sylvia's tape–recorded statement to the police describing the stabbing,
even though Crawford had no opportunity for cross–examination. The State sought to introduce a
recorded statement that petitioner's wife Sylvia had made during police interrogation, as evidence
that the stabbing was not in self–defense. Sylvia did not testify at trial because of Washington's
marital privilege. The tape was played at trial, but she did not testify, testimonial statements are at
issue, the only indicium of ... Show more content on Helpwriting.net ...
Did Kenny do anything to fight back from this assault?
"A. (pausing) I know he reached into his pocket . . . or somethin' . . . I don't know what.
"Q. After he was stabbed?
"A. He saw Michael coming up. He lifted his hand . . . his chest open, he might [have] went to go
strike his hand out or something and then (inaudible).
"Q. Okay, you, you gotta speak up.
"A. Okay, he lifted his hand over his head maybe to strike Michael's hand down or something and
then he put his hands in his . . . put his right hand in his right pocket . . . took a step back . . .
Michael proceeded to stab him . . . then his hands were like . . . how do you explain this . . . open
arms . . . with his hands open and he fell down . . . and we ran (describing subject holding hands
open, palms toward assailant).
"Q. Okay, when he's standing there with his open hands, you're talking about Kenny, correct?
"A. Yeah, after, after the fact, yes.
"Q. Did you see anything in his hands at that point?
[541 U.S. 40]
"A. (pausing) um um (no)." (Citation– http://www.leagle.com/decision/2004577541US36_1575)
Analysis:
Cross–examination is critical during litigation. Many cases have to be proven based on solely
witness testimony because of the lack of physical evidence. Therefore, the responsibility of a
witness to tell the truth relies on methods

A Brief Note On Cyber Bullying And Or Harassment
Comprehensive Investigational Manual
Elder l Brown Jr.
ITT Technical Institute.
Instructor: Charles Halls Jr.
CJ2670: Computer Forensics.
Wk. 6. Project 2 Pg. 2. Introduction: Case There are many ways that cybercrimes are conducted.
One particular offense is the case of cyber bullying and or harassment personal pictures hacked from
a specific personal computer.
Crimes against a computer include attacks on networks that cause them to crash, such as the attacks
by the Morris worm, and unauthorized access to, or tampering with, information systems, programs,
or data. The victim is violated in that his/her personal pics are hacked and used to defame, and also
for financial gain. This is a case of a computer targeted cyber–attack. Preparing the affidavit and
warrant is complex in as e–evidence is a new emerging form of evidence. As technology advances
different techniques are developed to hack a computer system. One of the most common approaches
for unauthorized access to personal information is phishing. An example of phishing is when an e–
mail is addressed to you requesting you to open for an amazing opportunity. The victim opens the
email which is a link to a deceptive website requesting personal information. If the information is
given it's actually stolen for subsequent

The Evolution Of The Law Of Fresh Evidence Essay

Recommended

Recommended

More Related Content

More from Jessica Tanner

More from Jessica Tanner (20)

Recently uploaded

Recently uploaded (20)

The Evolution Of The Law Of Fresh Evidence Essay