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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.
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Factors Affecting child behavior in Pediatric Dentistry
Factors Affecting child behavior in Pediatric Dentistry
Evidence 2
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