Memorandum To: From: Date: 08/31/2012 Re: Laws of Evidence Assignment #2 Statement of Assignment You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence. Statement of Facts The defendant was prosecuted for the murder of his wife. The victim’s body was never recovered, no murder weapon was ever found, and there were no witnesses to the crime. At trial, prosecution would like to introduce the following as evidence: 1. A computer disk, found in the defendant’s desk, that contains a Therefore, according to Rule 401 of the Federal Rules of Evidence, the computer disk is relevant evidence in this case and possesses probative value. This evidence does not present any danger or a great enough danger of confusing the issues, misleading the jury, undue delay, waste of time, or unnecessary presentation of cumulative evidence. “All relevant evidence is prejudicial in the sense that it may prejudice the party against whom it is admitted. Rule 403, however, is concerned only with unfair prejudice.” See United States v Russell, 971 F. 2d 1098. When determining whether or not the prejudicial effects outweigh the probative value, the courts must view the evidence in the manner that is most favorable to the person presenting it and maximize its probative value and minimize its prejudicial effects. Introduction of the computer disk as evidence at the trial does not present a danger of unfair prejudice. Therefore, the evidence is not excluded under Rule 403 of the Federal Rules of Evidence.
CONCLUSION ISSUE I
This evidence satisfies the necessary requirement of relevancy according to Rule 401 of the Federal Rules of Evidence and is not excluded under Rule 403 of the Federal Rules of Evidence. Therefore, according to Rule 402 of the Federal Rules of Evidence, which provides that unless otherwise prohibited, relevant evidence is admissible, the computer disk is admissible evidence in
Shoes Casebook Define the process you will use and address the following assessed classroom discussion questions: What procedures will be used to collect accounting evidence? What sampling tools and techniques will be used for the examination? How will you use analytical and inferential tools to evaluate accounting evidence? Submit your assignment to the facilitator. Note. APA formatting is not required for this assignment. Use a title and reference page where appropriate. Consider…
preponderance of the evidence, that defendant parties somehow committed wrongdoing in the dispute being heard by the judge and jury. In attempting to prove by a preponderance of the evidence that a defendant or defendants committed wrongdoing, plaintiffs have two forms of evidence that are permissible in the courts, including direct and circumstantial evidence. Factual evidence is known as direct evidence, which is seemingly prima facie in itself. Circumstantial evidence, however, attempts to…
A) State & Federal Legislature enacts laws termed Statutes. A) System of law derived from centuries of general rules, customs and experiences, derived from the English. Administrative Law: Army/Navy/Air Force/Marines/Coast Guard B) Cities and Counties always have a right to create laws termed Ordinances B) Judicial Decisions- rules based on decisions of actual legal disputes. Based on the concept of precedent: Once a case has been decided at a higher court (Appellate/Supreme), all future analyses…
Evidence Base Policing In summarizing evidence based policing we come to the conclusion that many cases were justified by a scientific research and not by reasoning or proven evidence. Also practicing one’s and not what’s factorial has been the outcome procedure to everyday field training. Some advantages and disadvantages of evidence base policing are as followed: When law enforcement makes a decision, we come to the conclusion that is not based off of experience. Police agencies use the tools…
voL.5 NO. l0 NOV 20il niio$ By Mohan Dholl, Legol Studies Teocher, PLC Croydon, NSW Critrle - Evidence and Defences The State has much power and the citizens of a State must be protected fiom the arbirary abuse of power by the State. The law enforcemenr arm of the State can detain people suspected of criminal actMq', can EVIDENCE ACT I 995 - SECT l4l - Criminat proceedings: standard of proof interrogate, can lay charges and can bring matters before the courts. Given the dispariry…
Abstract The United States and Australian laws of criminal procedure show many common features which originate from their common English origin. These include the presumption of innocence, the neutral role of the trial judge, and the use of the jury trial. However, between the jurisdictions there are also significant different approaches especially in relation to the treatment of illegally obtained evidence, improperly obtained confessions and entrapment. The transparency of the jury is also an important…
ways does Governor Brisbane’s Proclamation of Martial Law provide insights into the nature of conflict between Aborigines and settlers in the frontier areas around Bathurst in 1824? Essay introduction approx. 200 words There has been much controversy and debate over the issue of frontier violence and conflict between colonial settlers and indigenous Australians during early colonisation of Australia. While some historians contend that the evidence of frontier violence and indigenous deaths has been…
contemporary and prevailing laws to advocate the prosperity of the technological advancement. The generic terminology of Contract Law is defined as rules implemented to conduct the terms of the relationship and the content of an agreement between two or more parties in the forms of individuals, enterprises or other associations contemplating the exchange of interests and ownership of goods and services. The offer and acceptance conditions are embodied within the contract law, perhaps certain regulations…
rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally obtained must be excluded as evidence under the Fourth Amendment. See Mapp v. Ohio, 367 U.S. 643. One important corollary to the Exclusionary Rule is the “fruit of the poisonous tree” doctrine. This rule holds that, in addition to the material uncovered during the illegal search being inadmissible, any evidence that is later gathered as an indirect result of the illegal search will also be excluded…
begin including evidence proving or disproving the case. Finding the defendant who committed the crime. Doing many many interviews of witnesses and other people involved on both sides of the crime. According to Lange and Nimsger (2009), “… authentication requires establishing evidence’s integrity in addition to its identity. Integrity refers to the soundness of evidence; for instance, that a document has not been altered or corrupted” (p. 143). This is to prove that the evidence being used for…
