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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statements by Blair fall under an exception to the hearsay rule‚ Fed.R.Evid. 804(b)(3)‚ which provides that when a declarant is unavailable as a witness‚ statements against interest are not excluded by hearsay. When a prosecutor seeks to introduce evidence of a statement that inculpates the accused‚ a number of courts require that statement be against the declarants interest and that there be corroboration. Factors that courts look at for corroboration include motive‚ general character of the declarant
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LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn’t be used in arriving at a decision by the Court and‚ sometimes‚ the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount)‚ quality‚ and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay
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1. Hearsay evidence rule in Malaysia The general hearsay rule is that a statement made by a person not called as a witness is inadmissible to prove the truth of the facts stated and extends to oral evidence as to statements in documents.1 Where oral evidence is relied on‚ it must be direct in all cases.2 Section 603 has thus codified the rule against hearsay evidence. “Hearsay” does not mean that no witness can be allowed to depose anything which he has heard said by anyone else.4 It is secondary
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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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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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Please explain the Frye Standard. 1. The Frye Standard is a standard used to determine the admissibility of an expert’s scientific testimony. A court in which applies the Frye Standard must determine whether or not the method which the evidence was obtained was generally accepted by experts in the field in which it belongs. When did this standard come into effect and why? 2. The Frye Standard came out of a 1923 legal decision (Frye V United States). It was a case discussing the
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Evidence of accomplice: An Introduction Section 133 of the Indian Evidence Act‚ 1872 is the only absolute rule of law dealing with accomplice evidence. However it is the opinion of some that this section is redundant as Section 118 makes all persons competent to testify except those persons which the section specifically bars. Moreover there is no rule which requires that the evidence of an accomplice should be corroborated. But Section 133 might lead persons to suppose that the Legislature desired
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Character evidence is generally less useful in a civil case than in a criminal case. True Original copies of documents should be carefully preserved for court. Photocopies should be used during interviews and elsewhere in the investigation. True Character evidence might be admissible in a criminal case if entered to prove motive‚ opportunity‚ or ability. True Statements made by the witnesses about what defendants said are hearsay and therefore not admissible. False Which one of the following
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