UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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Evidence – Means‚ Mode‚ or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding. Essential Parts of the Legal Definition of Evidence: WHAT: 3M – Means‚ Mode or Manner WHY: ATF – to ascertain the truth about a matter of fact WHERE: J – in a Judicial Proceeding - it is a medium or means by which a fact is proved or disproved. Proof – RESULT‚ EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence
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Different types of evidence in Eye witness testimony: When deciding the guilt or innocence of individuals in court‚ juries‚ judges‚ and police investigators rely on three major types of evidence. Often‚ experts are relied on for information. For example‚ the mental state of the individual being accused. This “expert testimony‚” is not often relied on in Canadian court because some judges believe the information that is offered by experts‚ Psychologists in particular‚ is common sense. There are
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Trace Evidence Trace evidence is an important part of a team in solving crimes in forensic investigations. According to Edmond Locard‚ there is specific that no matter wherever people interact with their environment or is physically involved in a crime often leaves something at or something away from the scene. Those in this category of evidence include many diverse types of macroscopic or microscopic materials that certain examples are easily visible to our “naked eye”. The subject is broad and
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Trace or transfer evidence can be any small‚ and to the untrained be a seemingly insignificant piece of material‚ whether man-made or natural‚ that has been left at a crime scene. Edmond Locard‚ founder of the Institute of Criminalistics at the University of Lyon‚ France‚ developed what has become known as Locard’s Exchange Principle. This states that every contact leaves a trace (Trace Evidence). Trace evidence can consist of just about anything. Some types of trace evidence include but are not
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Value and Preservation of Evidence Kaplan University CJ370-01 January 16‚ 2012 The value of footprint or footwear evidence is heavily important. The most valuable details are signs of wear‚ characteristic fittings or marks of fittings that have come off‚ injuries‚ marks of nails and pegs‚ especially when these are irregularly placed‚ and repair marks. If they are particularly characteristic or occur in sufficient numbers‚ such details may form decisive evidence. In the interest of thoroughness
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Evidence Collection Guidelines This document provides evidence collection guidelines for the following types of evidence. Your agency ’s policies may vary. Please check with your supervisor if you have any questions. Contents Blood Stains Seminal Stains Hair Fibers and Threads Glass Paint Flammable Liquids Firearms Evidence Tool Marks ws Questioned Documents Latent Fingerprints In all cases
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PHYSICAL EVIDENCE MANUAL OREGON STATE POLICE FORENSIC SERVICES DIVISION Preference The purpose of this handbook is to educate our customer in the Criminal Justice System regarding the services provided by the Oregon State Police Forensic Services Division‚ and the recommended methods of documenting‚ collecting and preserving physical to ensure the best analysis results. The value of properly collected physical evidence followed by examination and interpretation by the forensic laboratory
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According to the Evidence Act Cap 6‚ evidence denotes the means by which any alleged matter or facts the truth of which is submitted to investigations‚ approved or disapproved‚ admissions‚ presumption of law and observations by courts in the judicial capacity as per section 2[1]d of the act. Rules of evidence refer to the procedure of admitting relevant facts by courts of law and in general they are referred to as Relevancy and Admissibility of Evidence According to section 4‚ it may be given from
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a forensic laboratory for confirmatory chemical analysis before the case can be adjudicated in court; (4) the advent of DNA profiling. 2. Describe the criteria for admissibility of scientific evidence as laid out in Frye v. United States. The court ruled that in order to be admitted as evidence at trail‚ the questioned procedure technique‚ or principles must be “generally accepted” by a meaningful segment of relevant scientific community. This approach requires the proponent of scientific
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