Evidence law

one officer and suffered injuries due to excessive abuse while being held (Mapp v. Ohio). Holding: The Court’s holding was that “The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the fourth amendment” (Justia, Mapp v. Ohio). By dismissing the evidence from her original court case as unlawfully secured, Miss Mapp was found innocent by the Supreme Court of charges set against her and radically shifted the rights of…

In today’s Canadian society, people are certain that the Criminal justice system with their almighty position and power has the responsibility to protect and serve the community. That being said, the fundamental purpose of the creation of criminal law is to maintain order within society and punish those who deviate beyond the social and legal norms (Robinson & Cahill, 2005). The idea of an innocent individual being wrongfully convicted of a criminal act committed by another person is astounding.…

Modern U.S Criminal law can trace its origins to a stone tablet known as the Code of Hammurabi which many scholars theorize to have been written in the year of 1790 B.C. by a King called Hammurabi who ruled Babylonia during the years of 1792-1750 B.C. The Code of Hammurabi is one of the major influences in which the U.S criminal justice system derives a great deal of legal concept and procedures. It is evident in making lying under oath into a crime, including written contracts, judges and…

Police Department, “one of the largest state and local law enforcement agencies in the United States”. One district, referred to as the “treatment district”, was given body-worn cameras and the outcomes were compared to the other five districts. During the six-month experiment in Denver, a large city full of crime, the results suggested a 38% increase in the overall number of complaints towards officers, which represents a limitation in the evidence supporting the benefits of body cameras.…

raising issues of law instead of disputing the facts of the case. A motion could be filed to challenge the service of the complaint, whether or not it was filed in the correct jurisdiction, etc. When the response is filed, the defendant can also file a cross-complaint or additional complaints against a third party that includes any related claims. During the discovery stage of a lawsuit, parties exercise the right to obtain evidence that may be held by the other parties involved. Evidence is…

Lastly, many officers commit unfair actions, overstep their boundaries, and blatantly break the laws when detaining suspects. Police officers are obligated to remove threats to society, otherwise there would be chaos within society. Be that as it may it does not excuse their actions on people who for all they know is a regular person,“Police responded to a police station to take custody of a person wanted on a state warrant. When they arrived, they encountered a different man — not the subject…

because of DNA is a problem in the justice system. Many cases have not even been tested for DNA. Evidence from thousands of unsolved rape cases and homicides have not been tested for DNA (Willing 1). This shows the problem because there are many cases that have not been tested for DNA when the evidence may be there. About 48,000 of 90,000 rapes in 2000 were not solved due to the lack of DNA evidence (Willing 2). This suggest that with better technology to analyze DNA these crimes could have been…

judge is most likely to give the officer the winning hand because there was no evidence shown or given by the suspect. There are many good cops out there, but I agree there are also those bad cops that believe they have all the power to do anything because they are the law. I believe by having body cameras, officers will be more careful of what they do. In addition, the public will know what happen by seeing the evidence in the body cameras used by officers.…

are selected randomly from the electoral role in accord with the requirements of the Jury Act 1977 (NSW). This process is called empanelling. The role of the jury is to consider the evidence presented during an indictable trial and then determine whether the defendant is guilty or not guilty based upon the evidence presented at trial. The jury’s decision may be challenged in two ways: pre-emptory (no reason needs to be given) or cause (a reason must be given). Juries do not play a role in…

review cases from state courts that deal primarily with federal law. The Court also held that the Fourth Amendment was designed to protect against intrusions into a home or onto private property, or the conduct of police officers. The exclusionary rule therefore does not apply to the conduct of judicial officers. Justice Sandra Day O’Connor wrote a concurring opinion where she argued that the majority’s decision does not allow any evidence that is the result of a clerical error. Rather, the…