Direct Vs Circumstantial Evidence
The rules of evidence vary greatly depending on the type of lawsuit that is being filed. It is essential to understand what all of the rules are and what the justification of the rules are. The purpose of the rules of evidence is to ensure that all law proceedings are fair, that there are no unjustifiable expenses incurred and that at the end of the proceedings there is a fairly rendered verdict. The major portion of the evidence discussion is to determine what evidence in the case filing will be deemed admissible or inadmissible, whether the evidence as direct or circumstantial evidence, and how that evidence relates to the statutes in the State of Florida with regards to relevancy, witness testimony, physical evidence, protected acts, …show more content…
Admissible evidence is any type of document, testimony, physical evidence that can be used in court and is relevant to the court case being heard. According to Florida Statute 90.401, “relevant evidence is evidence tending to prove or disprove a material fact” (Online Sunshine). Inadmissible evidence is any type of evidence that the court does not deem appropriate or relevant to the case. A form of inadmissible evidence could be hearsay. Briefly, hearsay is testimony that is made outside of court proceedings. Another form of inadmissible evidence can be when evidence is used in an attempt to misleading of jury. One other form of inadmissible evidence is a character witness. In these cases the evidence is thrown out and cannot be used against a person during legal proceedings. Some of these topics will be discussed in detail further in the …show more content…
To help in making the determinations between the two, it is first important to understand the definition of Trier-of-fact. Trier-of-fact is a judge or jury that would be used to determine the question of facts in case if necessary (Cornell Law). Now that the definition has been given for Trier-of-fact we can now discuss the two types of evidence. Direct evidence is evidence that does not require the Trier-of-fact to presume of infer that something occurred because of the being something or someone that can attest to the fact. In circumstantial evidence, a series of facts are given and it is up to the Trier-of-fact to make the determination of the primary fact (Legal
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1046 Words | 5 PagesThis led to circumstantial evidence being admitted and being the basis for
Court Case Of Harold James Blackburn
1230 Words | 5 PagesThe reliability and admissibility of evidence becomes a foundation to this truth as any evidence presented cannot contain elements which can provide doubt towards the validity of the prosecution. This can be shown through guideline 14 of the Office of the Director of Public Prosecutions agreement to provide advice for the NSW police towards the legal limitations or consequences of evidence obtained during the course of an investigation (Office of the Director of Public Prosecutions n.d). Identification evidence in particular has a lower weight and strength for admission to a court due to the fallibility and circumstantial nature of witnesses. The admissibility of identification evidence was previously determined by judges based on its quality with case law such as R v. Christie providing principles for discretionary powers for admissibility and Alexander v. R providing methods satisfactory to the court for identification such as identification parades under common law. (R v. Christie 1914; Alexander v. R 1981).
Fre 403 Vs Fre-404 Essay
1185 Words | 5 PagesFRE 403 and FRE 404(b) interact in a variety of degrees usually battling the other, in a courtroom regarding admissible evidence and on what grounds the argument may be made for or against using FRE 403 and FRE 404(b). These rules are vital inside a courtroom and the interaction between these different rules, is crucial to those presenting their case. According to our textbook, Evidence for Paralegals, in chapter 2 page 22, we learn a little history behind these rules as it pertained to evidence and the courts. Long before the Federal Rules of Evidence existed, the courts would come to conclusions about evidence by their relevancy legally. This meant that any evidence introduced would be decided that although it may be of sound logic to enter
Outline For Ernie The Process Of Jury Defense
1167 Words | 5 PagesPresentation of Evidence: In order to try to prove guilt beyond a reasonable doubt, the prosecution will first present its case. This evidence may include witnesses, records, and forensic data. After then, the defence will get a chance to question the witnesses for the prosecution. Defense's Case:
The Pros And Cons Of The Brady Rule
910 Words | 4 PagesIn United States v. Agurs, the Court set out three situations in which the Brady Rule applies: 1) the government must disclose material evidence that it is aware of or should be aware of that indicates a witness perjured his/her testimony, 2) the government must disclose material evidence specifically requested by the defendant before trial, and 3) the government must disclose exculpatory evidence even if the defendant does not make a request or only makes a general request for such evidence. The Court’s decision in Agurs also provided that the definition of “material evidence” for purposes of the Brady Rule is information that creates a reasonable doubt of the defendants’
Mapp Vs Ohio Essay
593 Words | 3 PagesNot allowing illegally or improperly obtained evidence in a trial has both positives and negatives. The beneficial effects is that it deters law enforcement from breaking the law and illegally searching and seizing persons or property. However, similar to criminals, police officers will not usually think about the repercussions when committing the crime, in this case unlawfully obtaining evidence. Another positive result of not recognizing illegitimate proof is to force a trust in
Exclusionary Rule Pros And Cons
645 Words | 3 PagesWhile some states followed the Supreme Court in adopting this rule, others stood by the common law rule which allows all evidence to be admissible in court no matter how the evidence was obtained. Throughout the years many arguments have stemmed from the effectiveness of the exclusionary rule. Those in favor of the exclusionary rule believe that it protects people against unnecessary search and seizure, establishes innocence before guilt, and stops admissibility of false evidence. The exclusionary rule requires all law enforcement officers to provide a warrant in the case of search and seizure to protect people’s right to privacy.
Most Common Strategies Used By Drug Crime Defense Attorney
508 Words | 3 PagesIf the evidence is found to be inadmissible, the charges
Probable Cause Of Arrest
631 Words | 3 PagesFor example, the police arrive at a home of an individual suspected to be dealing drugs. The suspect is not home at the time, but his wife (i.e. co-owner) is there. The police ask the wife if they can search the premises and she gives the consent for the search; therefore, the evidence that police find at the home is admissible because the search and seizure was valid even without a
Exclusionary Rule
1231 Words | 5 PagesThe fruit of the poisonous tree doctrine states that evidence acquired illegally must be excluded from trial. This extension of the exclusionary rule is based on the same basis as the exclusionary rule itself, with the main goal of the doctrine to deter illegal police activity and to preserve the integrity of the court. The Supreme Court however, has permitted such evidence to be used in some proceedings (WEAL 2008). The exclusionary rule and the fruit of the poisonous tree doctrine differ because Fruit of
Theories Of Circumstantial Evidence
231 Words | 1 Pages3. A witness testimony would be circumstantial evidence. Circumstantial evidence is evidence that indirectly proves a fact. Witnesses testified that they have seen Jesse’s car at a vacant property 5 weeks before her body was found. 4.
Examples Of Bad Evidence
481 Words | 2 Pages1 page of how you know something is credible or not when talking about evidence in the courtroom In the courtroom a lie can send someone to their death. With this in mind it is very important that a jury member can identify whether a witness, or piece of evidence is credible. Many instances of bad evidence or false witnesses have been recorded in the history of law, so we must make an effort so that no more people get charged for crimes they did not commit. It may come to surprise many people that a witness testimony might not always be accurate. There are are many reasons for this as witnesses may “change”their memory when they are revealed new information about the crime.
Burden Of Proof In Criminal Cases
1748 Words | 7 PagesBurden of proof in civil trial cases Burden of proof is on the one who declares, not on one who denies, this is the principle that one has to consider. Evidence contains facts of issues that really relevant and which is also admissible in the court, they are meant to support the case of parties or spoil the case which supposed to discharge party in his burden of proof, in civil cases it always based on the balance of probability, which the party have responsibility to establish before the court. Based on this, the court in civil will act on the preponderance of evidence, means that the party with genuine and clear evidence will wins the case. Example of this type of case is when there is a contract between two parties and plaintiff proved
Arthur Goodhart Ratio Decidendi Analysis
1373 Words | 6 PagesThis is where the opinions of the judge become relevant. To ascertain the materiality of the facts, one would have to use these as reference. If the judge’s opinion does not explicitly express on which of the facts are material, then generally, all facts in the case are presumed to be material except for those which are obviously not. For example, facts relating to a person, time, place, and amount are insignificant because they will probably not affect the case in any way. Now, if a particular fact is recorded by the reporter, but it is not mentioned in the judge’s opinion, this could one mean one of two things; whether the judge has overlooked the fact to be material or the judge is implying that the fact is indeed immaterial.
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