when it comes to presenting evidence. These shows have covered grounds from tampered evidence, to inadmissibility, and lack of relevancy. However, it is much easier to understand the difference between the viewpoints of pop culture on evidence and the actuality of the manner, when you understand the different types of evidence. Evidence is classified into two categories, direct and circumstantial evidence. In order to understand the definition of both, one must understand a material fact. A material fact is something that relates to any matter between two people, whom are in a dispute. As one would assume, direct evidence is defined as evidence that…
Physical evidence has a significant foundation in law enforcement and the judicial system. It is necessary for physical and circumstantial evidence to ensure the most accurate outcome of a trial. In some cases, the evidence is not as exact or direct. It appeared to me in the readings the authors were trying to show were all evidence must be exact or not be included in the trial. If this is the case, we would not need a court system. In the readings it appeared to me the authors were trying…
By February 2001 no evidence had been found pointing to Tegan’s existence. This lead to Lanes first interview where she claimed the baby was given to the father, a man named Andrew Morris. Lane was again interviewed on May 9th 2003, again claiming the baby was given to the father, naming him as Andrew Morris or Norris. Manly police, unable to gather evidence, closed the case, referring the matter to the NSW coroners court in 2005. A coronial inquest beginning in June…
Costa. The decision by the United States Supreme Court in this case clears up the standard of proof that is necessary for plaintiffs to be successful in obtaining a mixed-motive instruction under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. The Supreme Court ruled that direct evidence was not required. Before this decision, plaintiffs in such "mixed-motive" cases, i.e., a case in which an employer had both legitimate and illegitimate reasons for making…
stated that when he was hanging out with Coco painting a boat out of nowhere Coco stated that “His head split open like a melon” (P. 334). The prosecutor could later use that evidence to link to the statements given from eye witness that said she had witnessed the two brothers beating the hunters to death. In the context, this would explain why Coco randomly said that statement to his cousin Charles while pacing and acting very nervous. Charles McMullen stated that he did not come forward right…
The legal trauma of injustice committed by law was the result of societies narratives surrounding science and therefore evidence were taken more seriously than narratives of justice. The ability for the Crown to present their expert opinion and subsequent evidence as superior knowledge to that of other experts and evidence exhibits the limits of the legal system to consistently provide justice. The Crown attested that the circumstantial evidence “pointed overwhelmingly to Mr and Mrs…
Define circumstantial evidence. What circumstantial evidence might be presented at a murder trial to sufficiently establish the corpus delicti in a "no body" case? What risk does the prosecutor take by pursuing the charge before the victim's body is located? Circumstantil evdence might be something like: X saw you at the club right before Y went missing, and X also knew you had it out with Y the day before. Also Circumstantil evdence might be a fingerprint on a table or cup. For example the…
argues that a theory of evidence should be informative about how to gather evidence and when to be justified in believing a hypothesis on the basis of evidence in non-ideal scenarios as well as ideal ones. He puts forward four desiderata for a theory of evidence. It should: (1) be a theory of support; (2) be a theory of warrant; (3) apply to non-ideal scenarios; and (4) be descriptively adequate. While (1) requires that a theory of evidence explain the role of evidence as a truth indicator…
Susan Glaspell's Trifles (1916) begins with the entrance of three men and two women into the kitchen of the Wright household the day after a neighbor, Mr. Hale, finds Mr. Wright's dead body. The men of the story are the county attorney, the sheriff, and Mr. Hale: They are there collecting evidence, and believe Mr. Wright's wife, Minnie Wright, killed him while he slept. The women, Mrs. Peters; the sheriff's wife, and Mrs. Hale are gathering items to take back to Mrs. Wright. When the men…
is up for interpretation by the jury. A jury is told that an overt act is needed to be an independent act that tends further the conspiracy, but the act does not have to be the crime itself. N.Y. Penal Law §§ 105.15, 105.20. Therefore, an overt act is the subjective factor that needs to be an independent act, whilst also carrying out the conspiracy. It does not need to be the actual objective of the crime. People v. Arroyo, 93 N.Y. 2d 990, 992 (2nd Dep’t 1999). Various pieces of circumstantial…