Preview

Circumstantial Evidence Case Study

Powerful Essays
Open Document
Open Document
1267 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Circumstantial Evidence Case Study
be searched, and the persons or things to be seized (Cornell University Law School, No Date).” The first part of this section states that no warrant will be given unless there is probable cause that will lead the judge or magistrate to believe that there is a very good reason to invade the privacy of a citizen. If there is not enough evidence for the judge to justify the signing of a search warrant, then the officer needs to try and find more evidence that will bolster his or her case. A search warrant is also supposed to specify where the officers will be searching, what they are searching for, and what evidence they might seize. When writing the search warrant, the writer will try to be as broad as they can in their wording so as to cover more ground. For instance, if there was an officer attempting to obtain a warrant for a suspected drug dealers home. Here is what some of the text may read: ‘Items to be searched for and seized: any and all evidence in regards to the use, …show more content…
Direct and circumstantial evidence. Circumstantial evidence differs from direct evidence in that direct evidence can directly support the case and prove probable cause on its own where circumstantial evidence is when the evidence indirectly supports the case. An example of circumstantial evidence would be something like “I observed the suspect enter the victim’s house, and I then heard a shot. I saw the suspect calmly walk out of the house, furtively look around, get in his car and drive off.” This differs from direct evidence, as direct evidence requires you to observe the act as it happens. This statement would look something like this: “I observed the suspect walk up to the victim, argue with him, and then pull out a gun and shoot the victim. He then ran to his car and drove off.” These are two very different statements, and mean two very different

You May Also Find These Documents Helpful

  • Powerful Essays

    Ashely Mervyn Coulston is known as the ‘Burwood triple murderer’ he murdered three innocent victims in cold blood on 29 July 19921. Coulston had gone to a Burwood house under the guise of renting a room in the house that had been ‘advertised in the Herald Sun’2. Coulston had a bag that contained a .22 rifle, ammunition, a homemade silencer and plastic cable ties. Coulston bound, gagged and covered the victim’s heads (using a towel or dressing gown) and shot each in the back of the head at point blank range3.…

    • 1606 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Forensic Evidence

    • 356 Words
    • 2 Pages

    1. What is the basic plot of the storyline in the game? I think the base plot of the storyline in the game was some forensic scientist heard an old legend about R.R finding gold but he suddenly disappeared, without a trace by butch the park ranger.…

    • 356 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    What is meant by primary and secondary scene? Primary scene is where the crime originally took place. Secondary scene is a location that’s related to the crime; however, it’s not where the crime took place. What types pf evidence should be collected and stored in a “breathable” container? When collecting evidence such as a living plant, marijuana, it needs to be packaged airtight in a “breathable” container. Describe the difference between class and individual characteristics. Provide two examples of evidence for each? Class characteristics of evidence, such as soil, could come from several sources. While on the other hand, Individual characteristics of evidence, such as fingerprints, can only come from one source. When investigating a crime…

    • 133 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Relevant evidence is evidence has the tendency to make facts foreseeable more then it would be without evidence. Although certain evidence may be relevant in some cases evidence may be excluded from trial for no rational relevance. The reason to exclude important evidence like this is because; it has the likelihood to influence the minds of the jury. An example of evidence that would be excluded during a trial would be gruesome photographs of victims in a homicide case; although it may be relevant to the case it could prejudice the minds of the jury. In some cases relevant evidence may be excluded to prevent confusion or if present it could create more issue, therefore wasting trial time if…

    • 120 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Does all evidences can be used to convict a person? Circumstantial evidence is an indirect evidence that relies on connection with a particular case, but can’t be used as a proving alone. People have different thought of should circumstantial evidence can be use to convict a person. In my opinion, circumstantial evidence should never use for declaration of guilt because of the following reason. First, it is not credible. Second, It does not contain any or non scientific analysis. Last but not least, Because of circumstantial evidence, many innocent people are punished.…

    • 681 Words
    • 3 Pages
    Good Essays
  • Good Essays

    When the initial investigation of a crime scene takes place, the officers and detectives on duty begin searching for clues as to who committed the crime and why did the crime occur. The entire investigation comes down to two key factors, direct and circumstantial evidence. One of the evidence markers weighs significantly heavier than the other, direct evidence being much more substantial than any circumstantial evidence. However, circumstantial evidence may build an entire case.…

    • 306 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Preservation Of Evidence

    • 720 Words
    • 3 Pages

    Many cases are won or lost by the weight of the prosecution’s evidence. Through methods of discovery of evidence, both the prosecution and defense have equal opportunity to develop evidence they believe is needed to prove or dismiss/ reject claims. Trace evidence and the preservation of evidence are very vital in any investigation. These two components are two of the most important things that can help investigators find their suspect(s), and lock them up or if done without proper care, the preservation of evidence or lack thereof can possibly make or break a case. Investigators taking the time out to pull trace evidence off of their victim(s), and placing it in whatever object is fit to hold and preserve the evidence, is very vital, because…

    • 720 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Evidence is a big factor when anybody is trialed for doing something illegal. It is the difference between being accused of being guilty or innocent. In “Forensic: Evidence, Clues, and Investigation” by Andrea Campbell, forensic science is the most important type of evidence to present at a trial.…

    • 310 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    There are many differents things involved in the identification and collection evidence. In order to do these things you have to know what things like what physical evidence is, what impressions are, different types of evidence you could find and how to use it and knowing what forensic science is and the different types is important too. Also you need to know the proper labelling technique.…

    • 1384 Words
    • 6 Pages
    Better Essays
  • Good Essays

    In our criminal justice system, truth is the most sought-after attribute. Since evidence cannot be altered, it only reinforces the truth. There are several forms of evidence that investigators may use to build their case. The five main categories of evidence include, direct evidence, physical evidence, demonstrative evidence, circumstantial evidence, and opinion evidence. Direct evidence can be described as the testimony of an individual who directly witnessed the offender committing a crime. For example, if you were at your financial institution and you witnessed an individual robbing the institution, your testimony would be considered direct evidence. Another form of nature is one of a physical nature. Physical evidence is one of the most…

    • 360 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    It is hard to escape the truth. In court trials there are many ways to collect information on a crime or suspect. These ways include: testimony, physical evidence, direct evidence, or real, or physical evidence, also known as forensic evidence. In “Forensic Science: Evidence, Clues, and Investigation” by Andrea Campbell, forensic evidence is the most important evidence that is presented during a trial.…

    • 343 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In criminal cases, there is always a need for evidence to convict the suspected criminal of breaking the law; however, because people have an expectation of privacy, warrants, legal permission to obtain evidence, are required before searching and/or seizing someone's things, writings, electronic data, etc. without the permission of the person being targeted. Before a warrant can be issued, there must be probable cause, sufficient reason to believe that a person committed a crime, present. This prevents people's privacy from being violated unnecessarily; however, there are some exceptions to this requirement. If the situation is deemed an emergency, then a warrant is not required, which means that it is possible that a person's right to privacy could be violated regardless of the warrant…

    • 593 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Stages of a Criminal Trial

    • 2709 Words
    • 11 Pages

    Circumstantial evidence is indirect. It requires the judge or jury to make inferences and to draw conclusions. At a murder trial, for example, a person who heard gunshots and moments later saw someone run by with a smoking gun in hand might testify to those facts. Even without an eyewitness to the actual homicide, the jury might conclude that the person seen with the gun was the one who pulled the trigger and committed the crime. Circumstantial evidence is sufficient to produce a conviction in a criminal trial. In fact, some prosecuting attorneys prefer to work entirely with circumstantial evidence, weaving a tapestry of the criminal act into their arguments to the jury.…

    • 2709 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Magistrate Court

    • 467 Words
    • 2 Pages

    The court can also issue warrants – for arrest, removal to a place of safety, search of premises and seizure of property. If, for…

    • 467 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    BASIC RULE: No searches without a warrant BUT the first question for analysis is “what is a search?”…

    • 4905 Words
    • 20 Pages
    Powerful Essays