Law questions: Evidence in Court Cases (Essay Sample)
State and explain why evidence must be relevant to a case being investigated to be admitted into court. Cite 2 items of evidence that would likely be considered irrelevant as evidence, and explain why they would be irrelevant.source..
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State and explain why evidence must be relevant to a case being investigated to be admitted into court. Cite 2 items of evidence that would likely be considered irrelevant as evidence, and explain why they would be irrelevant.
Evidence in a court case establishes the appropriate ingredients for a proper investigative process and final outcome that is construed effectively based on collected, presented, and analyzed evidence. The basic rule concerning ‘admissibility’ of evidence in a court of law is that it must be competent, material and relevant to assist in disproving or proving some fact. Once the judge establish that evidence accepted is relevant to the facts of the case, he or she will determine the weighting to peg to a piece of evidence. A jury considers a particular piece of evidence as material in the event it can prove facts of a case. The jury can consider a particular piece of evidence as ‘competent’ if it conforms to particular ideas of reliability (Wilcox, 2020).
Rule 403 shares that evidence can be considered irrelevant and excluded in the event it’s probative value is overwhelmed by unfair prejudice, issues confusion, unnecessary presentation of cumulative evidence, time wastage, undue delay considerations, or misleading the jury (Wilcox, 2020). Examples of two items of evidence that would likely be considered irrelevance evidence include hearsay and character evidence. A testimony formulated outside the trial court to establish truth relating to an issue in the trial proceeding is excluded by the jury. Hearsay evidence is not admissible since they statements are not reliable oath declarations made in court. Nonetheless, exceptions may apply to hearsay evidence, for instance when the prosecutor seeks to obtain a confessions in exchange for a lighter sentence for an offender. The jury can also exclude evidence that is intended to exemplify that the defendant has a particular personality characteristics. Similar to hearsay evidence, this item of evidence has reliability issues since it does not demonstrate whether an individual said or did something.
In precis, evidence must be relevant, material, and have probative value to a case being investigated to be admitted in court. This is intended to avoid situations would outweigh the probative worth of evidence such as events that would mislead jurors or result into unfair prejudice affecting a defendants rights to a free and fair trial in both criminal and civil cases.
In the United States, there are forensic databases that are accessible to law enforcement and corrections to assist in identifying unknown persons. Name 3 of them.
Law enforcement and correctional facilities rely on different forensic databases to obtain information that assist in the identification of unknown individuals. Some of the three commonly used databases include CODIS, IAFIS, and SICAR.
The abbreviation stands for the Combines DNA Index System which is a state DNA database established and Managed by the Federal Bureau of Investigation (FBI). It has three information levels: State DNA Index Systems (SDIS) which permits states’ laboratories to share data, the Local DNA Index Systems is the source of origin for DNA profiles, and the National DNA Index System (NDIS) which permits DNA information comparison between states (Fisher, Tilstone, &Woytowicz, 2009). The CODIS database contains distinct databases that are categorized depending on the information under search. Some databases include, crime scenes’ forensic samples, convicted persons and missing persons report. Every state has established its own federal laws that govern the upload, gathering, and analysis of data within these databases. Due to privacy concerns, not personal identifying such as the name linked with the DNA profile is fed into the CODIS database. Depending on the hits reported, the uploading agency is tasked with providing personal information regard the DNA profile while following relevant laws.
Integrated Automated Fingerprint Identification System (IAFIS) is another electronic database that has since 1999 been managed by the FBI. It is a state criminal history system and automated fingerprint identification that delivers, electronic image storage, automatic fingerprint search, electronic fingerprints exchange, and latent searching capability. The databases contains criminal histories of approximately 70 million offenders, 73,000 known finger prints relating to suspected terror attackers, and 31 million civil prints process by foreign law enforcement authorities or by the United States (Komarinski, 2005, p.39). In states such as the Washington, all individuals seeking employment in a setting containing vulnerable persons such as emotionally, physically, and mentally challenged children are required to be fingerprinted and the details fed into the IAFIS to fulfill mandatory background check for criminal conduct. Such checks including legitimate firearms acquisitions cause individuals to be permanently recorded in the IAFIS. These details can be voluntarily shared with the FBI to assist gathering criminal histories of suspects.
The third database that is commonly used by law enforcement agencies in criminal investigation to identify unknown persons is the SICAR database. This footwear database harbors manufacturer information concerning outsole patterns. The data assist law enforcement officials to identify the model or make of the footwear imprint found in a crime scene. Foot related imprints in a crime scene can be difficult to distinguish or collect useful information (Fisher, Tilstone, &Woytowicz, 2009). Leveraging the SICAR database, such imprints can offer useful investigative information concerning the logo, shapes, design element allowing them to deduce the shoe make and model that had been worn by the individual at the crime scene. This information can be used to generate a list of potential suspects whose shoes matches with the one at the crime scene. Aside from foot prints, SICAR database contains varied information such as car tire tracks. Crime scene picture can be recreated and castings of the tire tracks made and the images compared with the suspect’s vehicle tire impression.
In the Combined DNA Index System (CODIS) there are two specific indices. One pertains to forensics and the other to offenders. Explain the two different indexes and what they do.
The Federal Bureau of Investigation (FBI) established and manages the Combined DNA Index System (CODIS), an electronic DNA profiles’ database that enable law enforcement officers to identify suspects. CODIS contains national, local, and state databases related to DNA profiles obtained from convicted criminals, missing persons’ DNA profiles, and DNA profiles r
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