Discovery is a formal and informal exchange of information between the prosecution and the defense. The importance of discovery is to ensure that the adversary system does not give one side an unfair advantage. When it comes to discovery there are two types of evidence. Exculpatory, which is any evidence that may be favorable to the defendant at trail either by tending to cast doubt on the defendant’s quilt or by tending to mitigate the defendant’s culpability, thereby potentially reducing the defendant’s sentence, and impeachment evidence, which is any evidence that would cast doubt on the credibility of a witness. The Exculpatory Evidence Brady rule comes from the Brady v. Maryland in 1963. The U.S Supreme Court held that, “the suppression
This led to circumstantial evidence being admitted and being the basis for
Another argument could have been the fact that the other defendant’s sister was in close relation to Brady which clouded his judgement to make the right descion. If circumstances were different and the prosecution never withheld evidence from the defense the “Brady Rule” would have never been established. Following the proceedings of Brady vs. Maryland the rule was created compelling the prosecution to turn over any evidence to the defense if they require it. So therefore, if the court would have ruled in favor of Brady’s ruling there could have been a chance that Brady’s circumstances would have turned out to be in his favor. Although when Brady took part in the criminal acts with Boblit he must have known there would have been negative consequences for his part in the robbery and murder of Brooks.
In the book “To Kill A Mockingbird”, by Harper Lee and the short story, “Only the Accused were Innocent”, by David Oshinsky, have many similarities. Two of these similarities that were important were that both judges were obviously disagreed or were troubled by the verdict and that both of the ladies that accused these men of raped to hide there own guilt. In the article “Only the Accused Were Innocent”,when the jury of the scottsboro trial had made their decision on the verdict the judge seemed to disagree with it, “But Horton, a wealthy landowner with deep antebellum roots in Alabama, was clearly troubled by the case”(Oshinsky). In “To Kill A Mockingbird” when judge Taylor finds out the verdict, he seems confused, “Judge Taylor was something.
In the 1963 ruling in Brady v. Maryland, the United States Supreme Court ruled that any government state or federal has the duty to disclose to a defendant and his counsel any exculpatory information or evidence in its possession. If the
The cases of O.J. Simpson and Lizzie Borden are two court cases in American history that are 100 years apart, conversely are very parallel. On both occasions the verdict comes to be the same: not guilty. Circumstantial evidence, which is defined as evidence that relies on an inference to connect it to a conclusion or fact, was heavily utilized in the process of prosecuting both subjects. Both Orenthal James Simpson and Lizzie Borden should be found guilty of murder due to the continuous number of things that prove their guilt.
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
This shows that evidence is an important role in pleading someone guilty. When you convict someone of a crime, make sure you know the evidence and information on the case before sentencing
Description of the first crime scene : Steven Hicks wanted to leave Jeffreys home Dahmer struck him on the head and then strangled him with a barbell (Blanco, n.d.). Suspect actions: After killing Hicks, Jeffrey then he continued by dismembering the body, put the pieces in a bag and buried the bag in the back yard. After he crushed the bones and scattered them(Murder Bio, 2016). Evidence collected: crime wasn’t caught.
Today, modern standards require the burden of proof be brought forth by the plaintiff, or prosecution in criminal cases. This means that the accused no longer has to prove they did not commit the crime, but the prosecution has to prove that all the evidence proves the accused did in fact commit the crime in question. Circumstantial evidence is not enough, but physical evidence, or forensic evidence is now required in modern courts for a conviction. Additionally, the modern standard when considering evidence, and for conviction is “beyond a reasonable doubt.”
Science has come a long way over the years. It has helped countless every day struggles and cure diseases most commonly found. What you don’t hear about however is the advancement of forensic science. Forensic science has helped solve countless cases of murder, rape, and sexual assault. In the case of John Joubert, it helped solve the murders of three young boys with one small piece of evidence that linked him directly to the crime.
Examining Adnan Syed's Innocence with Serial Evidence Since the well-known podcast "Serial" brought Adnan Syed's case to the public's notice, it has been the subject of intense examination and discussion. The name Adnan Syed has come to be associated with “Serial”, one of the most well-known true crime podcasts ever. The podcast, which debuted in 2014, explores the murder of Hae Min Lee, a senior in high school, in Baltimore, Maryland; and the conviction of her ex-boyfriend Adnan Syed that followed. Adnan Syed is not guilty of the murder of Hae Min Lee; as the evidence against him is largely circumstantial, there are inconsistencies in the prosecution's timeline, and there are concerns about racial and religious bias in the investigation and
A freedom is the right to live your life without interruptions of the government unless actually committed or interfering with someone else’s rights. Legal guilt is mostly focused in the judicial system. It supports the rights guaranteed in sections of the Canadian Charter of Rights and Freedoms. The system’s main focus is ensuring that the accused is treated fairly by not infringing with their rights. Section one states that whoever the accused is being charged with has to be done with a reasonable limit.
Simply because the juries base their verdict on evidence that proves the accused is linked to the evidence that is being presented in court. Conversely, it also involves unconventional indication that demonstrations of the indicted offense occurred. The Corpus Delecti involves evidence that proves the wrong or forfeiture was in fact produced by the accused mischievousness acts. In this case the jurisdiction required that independent evidence was in fact done by Casey Anthony.
The term "discovery" is defined as the next pre-trial stage after the commencement of a law suit, which allows all parties to use various strategies to discover or obtain information held by other parties. This process and time period is used to assess the strengths and weaknesses essential to each party's case. The two discovery methods that I have chosen to explain are Depositions and Interrogatories. A deposition is a formal proceeding by which the oral testimonies of individuals are obtained.
The comedic genius made a surprising twist. The 1988 classic deviated from Allen’s original interests and delved deep into the unsolved problem since antiquity. Crimes and Misdemeanours is an epitome of the ongoing conflict regarding the moral values and their relativity. As the incarnations of the classic and the modern viewpoints on these central theme, Judah, Cliff, and their foils show how each individual adhering to the respective philosophies shall face consequence in the real world. By the plot, it is relatively easy to determine which side Allen stands by.