Introduction to Weighing Evidence in a DIsciplinary Hearing.
Factors to consider by Chairperson, Presiding Officer or Commissioner when weighing evidence ina disciplinary hearing or at CCMA.
Evidence is the foundation of an argument and establishes the accuracy of a claim. There are different types of evidence including precedent, statistical, testimonial, expert witness, and hearsay evidence. The credibility of evidence can be evaluated based on the source's qualifications, potential for bias, factual support provided, and consistency both internally and externally. When using evidence, it must pass tests including recency, sufficiency, logical relevance, internal consistency, and external consistency.
This document discusses the importance and types of evidence. It defines evidence as supporting material that strengthens arguments and validates claims. There are different types of evidence like precedent, statistical, testimonial, and common knowledge evidence. Evidence is key in courtrooms, where judges determine its legality and juries decide its validity. Lawyers present evidence to persuade while witnesses provide testimony. The amount and types of evidence needed depends on the audience - friendly, neutral, or hostile audiences require different levels of proof. Sources of evidence must also be carefully evaluated for accuracy, bias, and consistency.
This document defines evidence and discusses its importance in persuasion. It notes that evidence gives arguments an objective foundation beyond personal opinions. The document outlines different types of evidence including precedent, statistical, testimonial, hearsay, and common knowledge evidence. It discusses how the amount of evidence needed depends on the audience and claim. Overall, the document provides guidance on selecting and using different types of evidence to strengthen arguments and claims.
The document discusses evidence and its importance in arguments. It defines evidence as facts or information that support a claim and cause others to believe it is true. There are five main types of evidence: precedent, statistical, testimonial, hearsay, and common knowledge. Evidence is the foundation of strong arguments and its credibility must be evaluated based on the source and consistency. Critical thinking requires relying on evidence and facts rather than emotions when evaluating arguments and reaching conclusions.
This document discusses evidence and its assessment in legal cases. It defines evidence as the basis for belief or disbelief, and typically includes witness testimony, documents, photographs, and other materials. Evidence must be relevant to the case and admissible in court. There are several types of evidence, such as direct, circumstantial, forensic, and documentary evidence. For evidence to be admitted, it must pass tests for relevance and reliability. Prosecutors must also consider whether there is a realistic prospect of conviction based on the evidence and whether prosecution would be in the public interest based on factors for and against prosecution.
5I.Observer Effects and Examiner BiasChisum and Turvey.docxblondellchancy
5
I. Observer Effects and Examiner Bias
Chisum and Turvey quote Paul L. Kirk, who was a pioneering criminalist, about the interpretation of evidence, “Physical evidence cannot be wrong, it cannot be perjured, it cannot be wholly absent. Only in its interpretation can there be error.” (Chisum, p. 51). This becomes a real issue because a great deal of the evidence we deal with can be interpreted in various ways depending on a number of subjective influences.
A. Observer Effects – Observer effects can be both conscious and subconscious. Both conscious and subconscious needs and expectations shape both our perception of facts and their interpretation. It can affect what is recognized as evidence, what is collected, what is examined, and how it is interpreted. At its most basic, an observer effect is a psychological bias or effect on the observer’s part that distorts how the evidence is recognized, collect, examined, or interpreted. It is often subconscious (below the level of awareness) on the part of the observer and may significantly affect the reconstruction of the crime. We all have them and the question thus becomes, not whether I have them, but how do I guard against them and eliminate their influence on my reconstruction.
B. Potential Observer Effects
1. Ambiguity and Subjectivity – Ambiguity is a factor when evidence or circumstances are incomplete, murky, or equivocal. Subjectivity is a factor when identifications and interpretations rest on the examiner’s experiences or beliefs. They become problematic when the examiner or investigator believes that his experience is all that is required to render an identification. There are at least three areas in reconstruction where subjectivity can show up: 1) evidence collection; 2) evidence quantity and quality; 3) lack of standards for qualifying the results of comparative analysis and identification (Chisum, p. 59). The occurrence of ambiguous physical evidence as well as evidence that is susceptible to subjective interpretation opens the way for subconscious observer effects to affect the results you obtain.
2. Lure of Expectation – We as investigators are often put in situations where we have access to information that can give rise to conscious or unconscious expectations. One of the most common expectations of this type is that the subject must be guilty of something even if they are not guilty of the crime of which they are accused. I once had another officer tell me (in reference to a real thug/scumbag that was a suspect in a homicide) that even if he had not done the crime, to charge him would not be a great miscarriage of justice. We work in a pro-prosecution environment where the suspect’s guilt is suspected and anticipated and this may lead to subconsciously developing pre-examination expectations that may influence the results (Chisum, p. 60).
3. Single Sample Testing – Evidence that is turned over to forensic examiners tends to fall into one of three catetor ...
5I.Observer Effects and Examiner BiasChisum and Turvey.docxBHANU281672
5
I. Observer Effects and Examiner Bias
Chisum and Turvey quote Paul L. Kirk, who was a pioneering criminalist, about the interpretation of evidence, “Physical evidence cannot be wrong, it cannot be perjured, it cannot be wholly absent. Only in its interpretation can there be error.” (Chisum, p. 51). This becomes a real issue because a great deal of the evidence we deal with can be interpreted in various ways depending on a number of subjective influences.
A. Observer Effects – Observer effects can be both conscious and subconscious. Both conscious and subconscious needs and expectations shape both our perception of facts and their interpretation. It can affect what is recognized as evidence, what is collected, what is examined, and how it is interpreted. At its most basic, an observer effect is a psychological bias or effect on the observer’s part that distorts how the evidence is recognized, collect, examined, or interpreted. It is often subconscious (below the level of awareness) on the part of the observer and may significantly affect the reconstruction of the crime. We all have them and the question thus becomes, not whether I have them, but how do I guard against them and eliminate their influence on my reconstruction.
B. Potential Observer Effects
1. Ambiguity and Subjectivity – Ambiguity is a factor when evidence or circumstances are incomplete, murky, or equivocal. Subjectivity is a factor when identifications and interpretations rest on the examiner’s experiences or beliefs. They become problematic when the examiner or investigator believes that his experience is all that is required to render an identification. There are at least three areas in reconstruction where subjectivity can show up: 1) evidence collection; 2) evidence quantity and quality; 3) lack of standards for qualifying the results of comparative analysis and identification (Chisum, p. 59). The occurrence of ambiguous physical evidence as well as evidence that is susceptible to subjective interpretation opens the way for subconscious observer effects to affect the results you obtain.
2. Lure of Expectation – We as investigators are often put in situations where we have access to information that can give rise to conscious or unconscious expectations. One of the most common expectations of this type is that the subject must be guilty of something even if they are not guilty of the crime of which they are accused. I once had another officer tell me (in reference to a real thug/scumbag that was a suspect in a homicide) that even if he had not done the crime, to charge him would not be a great miscarriage of justice. We work in a pro-prosecution environment where the suspect’s guilt is suspected and anticipated and this may lead to subconsciously developing pre-examination expectations that may influence the results (Chisum, p. 60).
3. Single Sample Testing – Evidence that is turned over to forensic examiners tends to fall into one of three catetor.
Evidence is the foundation of an argument and establishes the accuracy of a claim. There are different types of evidence including precedent, statistical, testimonial, expert witness, and hearsay evidence. The credibility of evidence can be evaluated based on the source's qualifications, potential for bias, factual support provided, and consistency both internally and externally. When using evidence, it must pass tests including recency, sufficiency, logical relevance, internal consistency, and external consistency.
This document discusses the importance and types of evidence. It defines evidence as supporting material that strengthens arguments and validates claims. There are different types of evidence like precedent, statistical, testimonial, and common knowledge evidence. Evidence is key in courtrooms, where judges determine its legality and juries decide its validity. Lawyers present evidence to persuade while witnesses provide testimony. The amount and types of evidence needed depends on the audience - friendly, neutral, or hostile audiences require different levels of proof. Sources of evidence must also be carefully evaluated for accuracy, bias, and consistency.
This document defines evidence and discusses its importance in persuasion. It notes that evidence gives arguments an objective foundation beyond personal opinions. The document outlines different types of evidence including precedent, statistical, testimonial, hearsay, and common knowledge evidence. It discusses how the amount of evidence needed depends on the audience and claim. Overall, the document provides guidance on selecting and using different types of evidence to strengthen arguments and claims.
The document discusses evidence and its importance in arguments. It defines evidence as facts or information that support a claim and cause others to believe it is true. There are five main types of evidence: precedent, statistical, testimonial, hearsay, and common knowledge. Evidence is the foundation of strong arguments and its credibility must be evaluated based on the source and consistency. Critical thinking requires relying on evidence and facts rather than emotions when evaluating arguments and reaching conclusions.
This document discusses evidence and its assessment in legal cases. It defines evidence as the basis for belief or disbelief, and typically includes witness testimony, documents, photographs, and other materials. Evidence must be relevant to the case and admissible in court. There are several types of evidence, such as direct, circumstantial, forensic, and documentary evidence. For evidence to be admitted, it must pass tests for relevance and reliability. Prosecutors must also consider whether there is a realistic prospect of conviction based on the evidence and whether prosecution would be in the public interest based on factors for and against prosecution.
5I.Observer Effects and Examiner BiasChisum and Turvey.docxblondellchancy
5
I. Observer Effects and Examiner Bias
Chisum and Turvey quote Paul L. Kirk, who was a pioneering criminalist, about the interpretation of evidence, “Physical evidence cannot be wrong, it cannot be perjured, it cannot be wholly absent. Only in its interpretation can there be error.” (Chisum, p. 51). This becomes a real issue because a great deal of the evidence we deal with can be interpreted in various ways depending on a number of subjective influences.
A. Observer Effects – Observer effects can be both conscious and subconscious. Both conscious and subconscious needs and expectations shape both our perception of facts and their interpretation. It can affect what is recognized as evidence, what is collected, what is examined, and how it is interpreted. At its most basic, an observer effect is a psychological bias or effect on the observer’s part that distorts how the evidence is recognized, collect, examined, or interpreted. It is often subconscious (below the level of awareness) on the part of the observer and may significantly affect the reconstruction of the crime. We all have them and the question thus becomes, not whether I have them, but how do I guard against them and eliminate their influence on my reconstruction.
B. Potential Observer Effects
1. Ambiguity and Subjectivity – Ambiguity is a factor when evidence or circumstances are incomplete, murky, or equivocal. Subjectivity is a factor when identifications and interpretations rest on the examiner’s experiences or beliefs. They become problematic when the examiner or investigator believes that his experience is all that is required to render an identification. There are at least three areas in reconstruction where subjectivity can show up: 1) evidence collection; 2) evidence quantity and quality; 3) lack of standards for qualifying the results of comparative analysis and identification (Chisum, p. 59). The occurrence of ambiguous physical evidence as well as evidence that is susceptible to subjective interpretation opens the way for subconscious observer effects to affect the results you obtain.
2. Lure of Expectation – We as investigators are often put in situations where we have access to information that can give rise to conscious or unconscious expectations. One of the most common expectations of this type is that the subject must be guilty of something even if they are not guilty of the crime of which they are accused. I once had another officer tell me (in reference to a real thug/scumbag that was a suspect in a homicide) that even if he had not done the crime, to charge him would not be a great miscarriage of justice. We work in a pro-prosecution environment where the suspect’s guilt is suspected and anticipated and this may lead to subconsciously developing pre-examination expectations that may influence the results (Chisum, p. 60).
3. Single Sample Testing – Evidence that is turned over to forensic examiners tends to fall into one of three catetor ...
5I.Observer Effects and Examiner BiasChisum and Turvey.docxBHANU281672
5
I. Observer Effects and Examiner Bias
Chisum and Turvey quote Paul L. Kirk, who was a pioneering criminalist, about the interpretation of evidence, “Physical evidence cannot be wrong, it cannot be perjured, it cannot be wholly absent. Only in its interpretation can there be error.” (Chisum, p. 51). This becomes a real issue because a great deal of the evidence we deal with can be interpreted in various ways depending on a number of subjective influences.
A. Observer Effects – Observer effects can be both conscious and subconscious. Both conscious and subconscious needs and expectations shape both our perception of facts and their interpretation. It can affect what is recognized as evidence, what is collected, what is examined, and how it is interpreted. At its most basic, an observer effect is a psychological bias or effect on the observer’s part that distorts how the evidence is recognized, collect, examined, or interpreted. It is often subconscious (below the level of awareness) on the part of the observer and may significantly affect the reconstruction of the crime. We all have them and the question thus becomes, not whether I have them, but how do I guard against them and eliminate their influence on my reconstruction.
B. Potential Observer Effects
1. Ambiguity and Subjectivity – Ambiguity is a factor when evidence or circumstances are incomplete, murky, or equivocal. Subjectivity is a factor when identifications and interpretations rest on the examiner’s experiences or beliefs. They become problematic when the examiner or investigator believes that his experience is all that is required to render an identification. There are at least three areas in reconstruction where subjectivity can show up: 1) evidence collection; 2) evidence quantity and quality; 3) lack of standards for qualifying the results of comparative analysis and identification (Chisum, p. 59). The occurrence of ambiguous physical evidence as well as evidence that is susceptible to subjective interpretation opens the way for subconscious observer effects to affect the results you obtain.
2. Lure of Expectation – We as investigators are often put in situations where we have access to information that can give rise to conscious or unconscious expectations. One of the most common expectations of this type is that the subject must be guilty of something even if they are not guilty of the crime of which they are accused. I once had another officer tell me (in reference to a real thug/scumbag that was a suspect in a homicide) that even if he had not done the crime, to charge him would not be a great miscarriage of justice. We work in a pro-prosecution environment where the suspect’s guilt is suspected and anticipated and this may lead to subconsciously developing pre-examination expectations that may influence the results (Chisum, p. 60).
3. Single Sample Testing – Evidence that is turned over to forensic examiners tends to fall into one of three catetor.
This document discusses different forms of medical evidence that can be presented in court, including real evidence like objects or autopsy reports, testimonial evidence through physician testimony, experimental evidence through demonstrations, and documentary evidence like medical records. It also outlines methods for preserving evidence, such as photography or sketches. The standard of proof in civil cases is preponderance of evidence, meaning the evidence that outweighs the other side. In criminal cases, guilt must be proven beyond a reasonable doubt. Factors like witness credibility and circumstances are considered in determining which evidence preponderates.
The document summarizes key information about evidence admissibility and sentencing considerations in criminal proceedings. It discusses:
- What evidence from the trial and additional information can be presented at sentencing.
- Standards for admitting hearsay, similar fact, medical reports and victim impact statements.
- Factors considered in pre-sentence reports and sexual behaviour assessments.
- The offender's right to speak and how mitigating/aggravating factors, concurrent/consecutive sentences, and conditional/incarceration sentences determine the proper sentencing range.
LLB LAW NOTES ON LAW OF EVIDENCE
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KANOON KE RAKHWALE INDIA
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LAW FIRMS IN DELHI
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VISIT : https://hirelawyeronline.com/
This article examines the idea and importance of an affidavit in court cases. A written declaration issued under oath or affirmation known as a “affidavit” provides factual data or evidence pertinent to a lawsuit. It is a useful tool for people to back up their assertions,
This document discusses different types of examinations in a criminal court case. It explains that in the examination in chief, the lawyer questioning the witness is trying to elicit favorable facts for their case. In cross examination, the opposing lawyer questions the witness to test the accuracy of their statements, modify or explain previous answers, discredit the witness, and reveal any inconsistencies or biases. Objections can be raised by opposing lawyers during questioning, and witnesses should not answer until the judge rules on the objection.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct, circumstantial, privileged communications, similar fact, hearsay, opinion, character, photographs, electronic devices, polygraph tests, confessions, and illegally obtained evidence. For each type of evidence, there are specific rules regarding their admissibility in court.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct evidence, which directly proves a fact, and circumstantial evidence, which relies on inferences to conclude facts. Privileged communications between certain relationships like lawyer-client cannot be disclosed. Similar fact evidence and hearsay have restrictions on their admission due to potential prejudice or reliability. Character evidence is limited and expert opinion must be necessary and outside the jury's knowledge. Photographs and recordings require proper handling and warrant to be admitted. Confessions require informing individuals of their rights. Illegally obtained evidence may be excluded if it discredits the justice system.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct evidence, which directly proves a fact, and circumstantial evidence, which relies on inferences to conclude facts. Privileged communications between certain relationships like lawyer-client cannot be disclosed. Similar fact evidence and hearsay have restrictions on their admission due to potential prejudice or reliability. Character evidence is limited and expert opinion must be necessary and outside the jury's knowledge. Photographs and recordings require proper handling and warrant to be admitted. Confessions require informing individuals of their rights. Illegally obtained evidence may be rejected if it harms justice.
This document provides guidance on analyzing arguments and articles through critical thinking. It discusses evaluating evidence, including facts, testimony, statistics, and different types of reasoning. It provides a checklist for weighing evidence and outlines how to structure an analysis. Key points include examining an argument's thesis, approach, claims, and quality of support, as well as looking for bias, assumptions, and weaknesses in the reasoning. The goal is to assess how convincingly the case is made and determine if it is persuasive.
This document discusses the importance and role of evidence in criminal law and law enforcement. It covers key topics such as:
- Evidence is crucial for proving guilt or innocence in criminal cases and for developing legal strategies.
- Different types of evidence, such as physical evidence, can help determine how a crime was committed, connect suspects to crimes, or clear innocent persons.
- Evidence must meet standards of relevance and competency to be admissible in court. It must be material and have probative value regarding the facts at issue.
- Different burdens and standards of proof apply depending on if a case is criminal, civil, or administrative. Criminal cases require proof beyond a reasonable doubt.
This document provides an overview of key concepts related to the analysis of evidence in civil and criminal cases under Indian law. It discusses topics such as the definition of evidence, relevance of evidence, admissibility of evidence, direct and indirect evidence, oral and documentary evidence, presumptions related to documents, and basic principles for appreciating evidence in criminal cases. The document is an educational resource that examines important evidentiary rules and guidelines for evaluating different types of evidence in legal proceedings.
This document discusses different types of evidence used in law, including direct evidence like witness testimony, and physical evidence like tangible objects collected from crime scenes. It explains that evidence can prove a crime was committed, corroborate statements, and help reconstruct events. Both direct and circumstantial evidence can establish facts, but circumstantial evidence implies events rather than directly proving them. The credibility of expert witnesses and admissibility of evidence is determined based on standards like Frye and Daubert.
CHARLES DYER'S NOT GUILTY VERDICT FOR THE FEDERAL WEAPONS CHARGE! Deborah Swan
Charles Dyer was set up by a member of the ARM , American Resistance Movement, by giving him what appeared to be a grenade launcher. This type of weapon is legal for Charles to won do o his firearm military training. This is the case documents of his federal charge of having a stolen military weapon in his possession. Charles demanded a jury trial. The jury found Charles not guilty!
Chapter 21 - The Investigator and the Legal System1.docxwalterl4
Chapter 21 - The Investigator and the Legal System
1
The decisions investigators must make involve a great deal of discretion.
Investigators must consider what may be termed risk factors.
2
Investigators must consider what may be termed risk factors.
Some police officers and criminal investigators are not fully aware of the order in
3
which a trial is conducted because time often prohibits them from attending a
complete trail from beginning to end. Also, witnesses are often sequestered from
the courtroom before and after giving testimony. This very common practice is used
to minimize the possibility that a witness’s testimony might be affected by other
witnesses’ testimony.
The courtroom process begins with the selection and swearing in of a jury. Jury
selection can last a few hours or a few weeks, depending on the selection process
and the nature of the case. The jury panel from whom the jurors in the trial will
eventually be picked is called a venire.
The steps in the trial process include: direct examination, cross-examination,
redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing
arguments.
Evidence can be defined as anything that tends logically to prove or disprove
a fact at issue in a judicial case or controversy.
4
a fact at issue in a judicial case or controversy.
The rules of evidence are designed primarily to keep a jury from hearing or
seeing improper evidence, and the first rule of evidence is designed to set
parameters on the above definition of evidence.
Proof may be defined as the combination of all those facts—of all the evidence—in
5
determining the guilt or innocence of a person accused of a crime.
The pie chart above illustrates how several different pieces of evidence can
be put together in order to constitute proof of guilt.
6
be put together in order to constitute proof of guilt.
The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed
7
to speed up the trial and eliminate the necessity of formally proving the truth of a
particular matter when the truth is not in dispute.
Direct Evidence
8
Direct evidence usually is the testimony of witnesses that ties the defendant
directly to the commission of the crime, such as the testimony of an
eyewitness who can positively state that the defendant committed the crime.
Real Evidence
Sometimes referred to as “physical evidence,” real evidence is connected
with the commission of the crime and can be produced in court.
Demonstrative Evidence
Demonstrative, or illustrative, evidence is not identical to real evidence even
though the items introduced are tangible. It consists of maps, diagrams,
sketches, photographs, tape recordings, videotapes, X-rays, and visual tests
and demonstrations produced to assist witnesses in explaining their
testimony.
Circumstantial Evidence
9
It is a myth that one cannot be convicted of a crime solely o.
This document discusses the difference between truth and validity in critical thinking. Truth is defined as accurately describing reality, whereas validity is a measurement of how certain we are of a situation. There can be many valid positions, but only one truth. Science and law use validity rather than absolute truth, as validity allows for changing views with new evidence, while truth cannot change. The key difference is that validity is based on external facts and evidence, while truth is determined internally.
This document distinguishes between facts and opinions. It states that facts are verifiable statements about events or information that are supported by evidence, while opinions are subjective judgments that cannot be proven true or false and are influenced by personal views. The key differences outlined are that facts rely on evidence and research, represent objective reality, and are universal, whereas opinions are subjective, vary between individuals, and are open to debate.
Explain the relevance of the rules against hearsay to digital eviden.pdfduttakajal70
Explain the relevance of the rules against hearsay to digital evidence. Why is digital evidence
considered hearsay and what can be done to limit that characterization?
Solution
Hearsay Rule provides the closest thing to it, stating that hearsay is a statement, other than one
made by a declarant while testifying at the trial or hearing, afforded in evidence to prove the
truth of the matter asserted .
As such, the rule’s purpose is aimed at prohibiting the use of a person’s assertion, as equivalent
to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be
placed under oath and cross-examined.
Basically then, hearsay consists of reported statements that can’t be verified because it is nothing
more than an assertion. In order to shift assertion to fact, reliable evidence and testimony needs
to be brought to bear on the assertion. The only way that the reliability of such information can
be established is for the person who made the original statement (in speech or writing) to testify
under oath in court as to the nature of the statement, the context in which it was made, and the
meaning of the statement to him- or herself. Otherwise the statement is mere assertion with no
provable truth-value and cannot stand as evidence in court.
The term “hearsay” typically elicits the idea of speech in lay thought, but the Hearsay Rule
specifically refers to “statements,” which can be either written or spoken. This focus on
“statement” applies to electronic evidence in two ways: 1) emails, text messages, and computer
generated reports are text based; 2) digital video and audio recordings capture spoken utterance
or other nonverbal conduct “expressly intended to be an assertion” that can be considered
statements. Thus, just as with paper documents, in order to determine whether the content of
electronic documents is hearsay or fact, the author must testify under oath and submit to cross-
examination in order to determine whether the content is fact and can stand as evidence. In this,
we see that as with any other proof of admissibility for electronic evidence, the burden of proof
still stands with witnesses who can make an accounting for the content of the document in court
.This said, there are certain documents–electronic or traditional–that automatically do not count
as hearsay and therefore stand as evidence in court. These include:
computer generated reports
business records
public records (e.g., birth, death, or marriage certificates)
excited utterances–“a statement relateing to a startling event or condition made while the
declarant ws under the stress or excitement caused by the event or condition” (FED. R. EVID.
803 (2) as cited in Lorraine v. Markel, Pp. 70).
family records
statements of “then existing state of mind or condition”–“A statement of the declarant’s then
existing state of mind, emotion, sensation, or physical condition, but not including a statement of
memory or belief to prove the fact remembere.
THE NEED FOR EVIDENCE Almost all reasoning we encounter includes bel.docxkailynochseu
THE NEED FOR EVIDENCE Almost all reasoning we encounter includes beliefs about the way the world was, is, or is going to be that the communicator wants us to accept as “facts.” These beliefs can be conclusions, reasons, or assumptions. We can refer to such beliefs as factual claims. The first question you should ask about a factual claim is, “Why should I believe it?” Your next question is, “Does the claim need evidence to support it?” If it does, and if there is no evidence, the claim is a mere assertion, meaning a claim that is not backed up in any way. You should seriously question the dependability of mere assertions! If there is evidence, your next question is, “How good is the evidence?” To evaluate reasoning, we need to remember that some factual claims can be counted on more than others. For example, you probably feel quite certain that the claim “most U.S. senators are men” is true, but less certain that the assertion “practicing yoga reduces the risk of cancer” is true. Because it is extremely difficult, if not impossible, to establish the absolute truth or falsity of most claims, rather than asking whether they are true, we prefer to ask whether they are dependable. In essence, we want to ask, “Can we count on such beliefs?” The greater the quality and quantity of evidence supporting a claim, the more we can depend on it, and the more we can call the claim a “fact.” For example, abundant evidence exists that George Washington was the first president of the United States of America. Thus, we can treat that claim as a fact. On the other hand, there is much conflicting evidence for the belief “bottled water is safer to drink than tap water.” We thus can’t treat this belief as a fact. The major difference between claims that are opinions and those that are facts is the present state of the relevant evidence. The more supporting evidence there is for a belief, the more “factual” the belief becomes. Before we judge the persuasiveness of a communication, we need to know which factual claims are most dependable. How do we determine dependability? We ask questions like the following: What is your proof? How do you know that’s true? Where’s the evidence? Why do you believe that? Are you sure that’s true? Can you prove it? You will be well on your way to being among the best critical thinkers when you develop the habit of regularly asking these questions. They require those making arguments to be responsible by revealing the basis for their arguments. Anyone with an argument that you should consider will not hesitate to answer these questions. They know they have substantial support for their claims and, consequently, will want to share their evidence in the hope that you will learn to share their conclusions. When people react to simple requests for evidence with anger or withdrawal, they usually do so because they are embarrassed as they realize that, without evidence, they should have been less assertive about their beliefs. When we regula.
The document discusses the importance of evidence in supporting arguments and speeches. It defines evidence as specific instances, testimony, and proof that help establish credibility and sway an audience. There are three main types of evidence: statistical evidence which communicates facts without citing each instance; testimony evidence from professionals supporting a claim; and legal precedent evidence from past court rulings that may aid a similar case. For evidence to be strong, it cannot be falsified, must come from reliable sources, and should answer all audience questions without leaving doubts.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
This document discusses different forms of medical evidence that can be presented in court, including real evidence like objects or autopsy reports, testimonial evidence through physician testimony, experimental evidence through demonstrations, and documentary evidence like medical records. It also outlines methods for preserving evidence, such as photography or sketches. The standard of proof in civil cases is preponderance of evidence, meaning the evidence that outweighs the other side. In criminal cases, guilt must be proven beyond a reasonable doubt. Factors like witness credibility and circumstances are considered in determining which evidence preponderates.
The document summarizes key information about evidence admissibility and sentencing considerations in criminal proceedings. It discusses:
- What evidence from the trial and additional information can be presented at sentencing.
- Standards for admitting hearsay, similar fact, medical reports and victim impact statements.
- Factors considered in pre-sentence reports and sexual behaviour assessments.
- The offender's right to speak and how mitigating/aggravating factors, concurrent/consecutive sentences, and conditional/incarceration sentences determine the proper sentencing range.
LLB LAW NOTES ON LAW OF EVIDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This article examines the idea and importance of an affidavit in court cases. A written declaration issued under oath or affirmation known as a “affidavit” provides factual data or evidence pertinent to a lawsuit. It is a useful tool for people to back up their assertions,
This document discusses different types of examinations in a criminal court case. It explains that in the examination in chief, the lawyer questioning the witness is trying to elicit favorable facts for their case. In cross examination, the opposing lawyer questions the witness to test the accuracy of their statements, modify or explain previous answers, discredit the witness, and reveal any inconsistencies or biases. Objections can be raised by opposing lawyers during questioning, and witnesses should not answer until the judge rules on the objection.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct, circumstantial, privileged communications, similar fact, hearsay, opinion, character, photographs, electronic devices, polygraph tests, confessions, and illegally obtained evidence. For each type of evidence, there are specific rules regarding their admissibility in court.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct evidence, which directly proves a fact, and circumstantial evidence, which relies on inferences to conclude facts. Privileged communications between certain relationships like lawyer-client cannot be disclosed. Similar fact evidence and hearsay have restrictions on their admission due to potential prejudice or reliability. Character evidence is limited and expert opinion must be necessary and outside the jury's knowledge. Photographs and recordings require proper handling and warrant to be admitted. Confessions require informing individuals of their rights. Illegally obtained evidence may be excluded if it discredits the justice system.
Rules of evidence are complex and found in both common and statute law. There are different types of evidence such as direct evidence, which directly proves a fact, and circumstantial evidence, which relies on inferences to conclude facts. Privileged communications between certain relationships like lawyer-client cannot be disclosed. Similar fact evidence and hearsay have restrictions on their admission due to potential prejudice or reliability. Character evidence is limited and expert opinion must be necessary and outside the jury's knowledge. Photographs and recordings require proper handling and warrant to be admitted. Confessions require informing individuals of their rights. Illegally obtained evidence may be rejected if it harms justice.
This document provides guidance on analyzing arguments and articles through critical thinking. It discusses evaluating evidence, including facts, testimony, statistics, and different types of reasoning. It provides a checklist for weighing evidence and outlines how to structure an analysis. Key points include examining an argument's thesis, approach, claims, and quality of support, as well as looking for bias, assumptions, and weaknesses in the reasoning. The goal is to assess how convincingly the case is made and determine if it is persuasive.
This document discusses the importance and role of evidence in criminal law and law enforcement. It covers key topics such as:
- Evidence is crucial for proving guilt or innocence in criminal cases and for developing legal strategies.
- Different types of evidence, such as physical evidence, can help determine how a crime was committed, connect suspects to crimes, or clear innocent persons.
- Evidence must meet standards of relevance and competency to be admissible in court. It must be material and have probative value regarding the facts at issue.
- Different burdens and standards of proof apply depending on if a case is criminal, civil, or administrative. Criminal cases require proof beyond a reasonable doubt.
This document provides an overview of key concepts related to the analysis of evidence in civil and criminal cases under Indian law. It discusses topics such as the definition of evidence, relevance of evidence, admissibility of evidence, direct and indirect evidence, oral and documentary evidence, presumptions related to documents, and basic principles for appreciating evidence in criminal cases. The document is an educational resource that examines important evidentiary rules and guidelines for evaluating different types of evidence in legal proceedings.
This document discusses different types of evidence used in law, including direct evidence like witness testimony, and physical evidence like tangible objects collected from crime scenes. It explains that evidence can prove a crime was committed, corroborate statements, and help reconstruct events. Both direct and circumstantial evidence can establish facts, but circumstantial evidence implies events rather than directly proving them. The credibility of expert witnesses and admissibility of evidence is determined based on standards like Frye and Daubert.
CHARLES DYER'S NOT GUILTY VERDICT FOR THE FEDERAL WEAPONS CHARGE! Deborah Swan
Charles Dyer was set up by a member of the ARM , American Resistance Movement, by giving him what appeared to be a grenade launcher. This type of weapon is legal for Charles to won do o his firearm military training. This is the case documents of his federal charge of having a stolen military weapon in his possession. Charles demanded a jury trial. The jury found Charles not guilty!
Chapter 21 - The Investigator and the Legal System1.docxwalterl4
Chapter 21 - The Investigator and the Legal System
1
The decisions investigators must make involve a great deal of discretion.
Investigators must consider what may be termed risk factors.
2
Investigators must consider what may be termed risk factors.
Some police officers and criminal investigators are not fully aware of the order in
3
which a trial is conducted because time often prohibits them from attending a
complete trail from beginning to end. Also, witnesses are often sequestered from
the courtroom before and after giving testimony. This very common practice is used
to minimize the possibility that a witness’s testimony might be affected by other
witnesses’ testimony.
The courtroom process begins with the selection and swearing in of a jury. Jury
selection can last a few hours or a few weeks, depending on the selection process
and the nature of the case. The jury panel from whom the jurors in the trial will
eventually be picked is called a venire.
The steps in the trial process include: direct examination, cross-examination,
redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing
arguments.
Evidence can be defined as anything that tends logically to prove or disprove
a fact at issue in a judicial case or controversy.
4
a fact at issue in a judicial case or controversy.
The rules of evidence are designed primarily to keep a jury from hearing or
seeing improper evidence, and the first rule of evidence is designed to set
parameters on the above definition of evidence.
Proof may be defined as the combination of all those facts—of all the evidence—in
5
determining the guilt or innocence of a person accused of a crime.
The pie chart above illustrates how several different pieces of evidence can
be put together in order to constitute proof of guilt.
6
be put together in order to constitute proof of guilt.
The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed
7
to speed up the trial and eliminate the necessity of formally proving the truth of a
particular matter when the truth is not in dispute.
Direct Evidence
8
Direct evidence usually is the testimony of witnesses that ties the defendant
directly to the commission of the crime, such as the testimony of an
eyewitness who can positively state that the defendant committed the crime.
Real Evidence
Sometimes referred to as “physical evidence,” real evidence is connected
with the commission of the crime and can be produced in court.
Demonstrative Evidence
Demonstrative, or illustrative, evidence is not identical to real evidence even
though the items introduced are tangible. It consists of maps, diagrams,
sketches, photographs, tape recordings, videotapes, X-rays, and visual tests
and demonstrations produced to assist witnesses in explaining their
testimony.
Circumstantial Evidence
9
It is a myth that one cannot be convicted of a crime solely o.
This document discusses the difference between truth and validity in critical thinking. Truth is defined as accurately describing reality, whereas validity is a measurement of how certain we are of a situation. There can be many valid positions, but only one truth. Science and law use validity rather than absolute truth, as validity allows for changing views with new evidence, while truth cannot change. The key difference is that validity is based on external facts and evidence, while truth is determined internally.
This document distinguishes between facts and opinions. It states that facts are verifiable statements about events or information that are supported by evidence, while opinions are subjective judgments that cannot be proven true or false and are influenced by personal views. The key differences outlined are that facts rely on evidence and research, represent objective reality, and are universal, whereas opinions are subjective, vary between individuals, and are open to debate.
Explain the relevance of the rules against hearsay to digital eviden.pdfduttakajal70
Explain the relevance of the rules against hearsay to digital evidence. Why is digital evidence
considered hearsay and what can be done to limit that characterization?
Solution
Hearsay Rule provides the closest thing to it, stating that hearsay is a statement, other than one
made by a declarant while testifying at the trial or hearing, afforded in evidence to prove the
truth of the matter asserted .
As such, the rule’s purpose is aimed at prohibiting the use of a person’s assertion, as equivalent
to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be
placed under oath and cross-examined.
Basically then, hearsay consists of reported statements that can’t be verified because it is nothing
more than an assertion. In order to shift assertion to fact, reliable evidence and testimony needs
to be brought to bear on the assertion. The only way that the reliability of such information can
be established is for the person who made the original statement (in speech or writing) to testify
under oath in court as to the nature of the statement, the context in which it was made, and the
meaning of the statement to him- or herself. Otherwise the statement is mere assertion with no
provable truth-value and cannot stand as evidence in court.
The term “hearsay” typically elicits the idea of speech in lay thought, but the Hearsay Rule
specifically refers to “statements,” which can be either written or spoken. This focus on
“statement” applies to electronic evidence in two ways: 1) emails, text messages, and computer
generated reports are text based; 2) digital video and audio recordings capture spoken utterance
or other nonverbal conduct “expressly intended to be an assertion” that can be considered
statements. Thus, just as with paper documents, in order to determine whether the content of
electronic documents is hearsay or fact, the author must testify under oath and submit to cross-
examination in order to determine whether the content is fact and can stand as evidence. In this,
we see that as with any other proof of admissibility for electronic evidence, the burden of proof
still stands with witnesses who can make an accounting for the content of the document in court
.This said, there are certain documents–electronic or traditional–that automatically do not count
as hearsay and therefore stand as evidence in court. These include:
computer generated reports
business records
public records (e.g., birth, death, or marriage certificates)
excited utterances–“a statement relateing to a startling event or condition made while the
declarant ws under the stress or excitement caused by the event or condition” (FED. R. EVID.
803 (2) as cited in Lorraine v. Markel, Pp. 70).
family records
statements of “then existing state of mind or condition”–“A statement of the declarant’s then
existing state of mind, emotion, sensation, or physical condition, but not including a statement of
memory or belief to prove the fact remembere.
THE NEED FOR EVIDENCE Almost all reasoning we encounter includes bel.docxkailynochseu
THE NEED FOR EVIDENCE Almost all reasoning we encounter includes beliefs about the way the world was, is, or is going to be that the communicator wants us to accept as “facts.” These beliefs can be conclusions, reasons, or assumptions. We can refer to such beliefs as factual claims. The first question you should ask about a factual claim is, “Why should I believe it?” Your next question is, “Does the claim need evidence to support it?” If it does, and if there is no evidence, the claim is a mere assertion, meaning a claim that is not backed up in any way. You should seriously question the dependability of mere assertions! If there is evidence, your next question is, “How good is the evidence?” To evaluate reasoning, we need to remember that some factual claims can be counted on more than others. For example, you probably feel quite certain that the claim “most U.S. senators are men” is true, but less certain that the assertion “practicing yoga reduces the risk of cancer” is true. Because it is extremely difficult, if not impossible, to establish the absolute truth or falsity of most claims, rather than asking whether they are true, we prefer to ask whether they are dependable. In essence, we want to ask, “Can we count on such beliefs?” The greater the quality and quantity of evidence supporting a claim, the more we can depend on it, and the more we can call the claim a “fact.” For example, abundant evidence exists that George Washington was the first president of the United States of America. Thus, we can treat that claim as a fact. On the other hand, there is much conflicting evidence for the belief “bottled water is safer to drink than tap water.” We thus can’t treat this belief as a fact. The major difference between claims that are opinions and those that are facts is the present state of the relevant evidence. The more supporting evidence there is for a belief, the more “factual” the belief becomes. Before we judge the persuasiveness of a communication, we need to know which factual claims are most dependable. How do we determine dependability? We ask questions like the following: What is your proof? How do you know that’s true? Where’s the evidence? Why do you believe that? Are you sure that’s true? Can you prove it? You will be well on your way to being among the best critical thinkers when you develop the habit of regularly asking these questions. They require those making arguments to be responsible by revealing the basis for their arguments. Anyone with an argument that you should consider will not hesitate to answer these questions. They know they have substantial support for their claims and, consequently, will want to share their evidence in the hope that you will learn to share their conclusions. When people react to simple requests for evidence with anger or withdrawal, they usually do so because they are embarrassed as they realize that, without evidence, they should have been less assertive about their beliefs. When we regula.
The document discusses the importance of evidence in supporting arguments and speeches. It defines evidence as specific instances, testimony, and proof that help establish credibility and sway an audience. There are three main types of evidence: statistical evidence which communicates facts without citing each instance; testimony evidence from professionals supporting a claim; and legal precedent evidence from past court rulings that may aid a similar case. For evidence to be strong, it cannot be falsified, must come from reliable sources, and should answer all audience questions without leaving doubts.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
San Remo Manual on International Law Applicable to Armed Conflict at Sea
Weighing Evidence.pdf
1.
2. DEFINITION
Weighing evidence is
the process of
assessing the reliability
and the probative
value of evidence
already determined to
be relevant.
3. EVIDENCE
Evidence determines which facts
are proved or disproved.
Not all evidence equally helps in
making findings, therefore
evidence must be weighed.
More trustworthy and probative
evidence given more weight in
coming to a decision on the
matters in issue.
To determine weight involves the
application of common sense.
4. WEIGHING EVIDENCE
Evidence should
be weighed in
light of all of the
evidence in the
case and the
issues to be
decided, i.e. in its
totality.
Evidence may be
given full weight,
partial weight,
more or less
weight than other
evidence, or no
weight at all.
Evidence is
weighed against
other evidence to
determine which
evidence is more
reliable.
Ultimately, the
weight will
determine if the
burden of proof is
met for each
element of the
offence.
5. STEPS IN
WEIGHING
EVIDENCE
Identify the determinative issues.
Sort the evidence by its relevance to
those issues.
Weigh the evidence for its probative
value and reliability.
Give reasons for ascribing more or less
weight to particular evidence.
Make clear findings of fact.
Apply the appropriate legal tests to the
evidence found to be probative and
reliable.
NB: Some factors considered in weighing
reliability of evidence, will also be used to
determine the credibility of the evidence.
6. 1
FACTORS
TO
CONSIDER
IN
WEIGHING
EVIDENCE
Credibility - determined
by demeanour (conduct,
appearance, etc.)
Circumstantial evidence -
indirect proof which has
no direct link with the
facts in dispute but the
cumulative effect of such
evidence may serve as
proof and will determine
the weight. Not the only
reasonable inference, but
the most probable
inference to be made.
7. 2
FACTORS
TO
CONSIDER
IN
WEIGHING
EVIDENCE
Failure to cross-examine
witness – a party does
not dispute the version of
the witness.
Failure of a party to
testify - Presiding
Officers will have only the
unchallenged “prima
facie” evidence of the
other party.
Failure to call available
witnesses - reasons why
witnesses are not called
should be examined, e.g.
are they hostile, biased or
unreliable.
8. ADDITIONAL
FACTORS IN
WEIGHING
EVIDENCE
The person making the
statement and the
circumstances in making of
statements.
Number of times the info is
passed on before being made
known to the witness.
Consistency of the statement in
terms other reliable evidence.
Witness' opportunity to observe
the events on which he testifies.
Circumstances surrounding the
event.
Is better evidence available and
why it is not produced?
9. ADDITIONAL
FACTORS IN
WEIGHING
EVIDENCE
Is the witness drawing
reasonable inferences or is
simply speculating?
Is the evidence consistent
with reliable documentary or
other evidence?
Circumstances under which a
document was created.
Opportunity to cross-examine
the author of a document
Is the witness is disinterested
in the result or biased?
Witness' qualifications and
knowledge of the subject on
which he testifies.
Knowledge and expertise of
author of a document.