Tuesday, November 6, 2012

Several Steps Involved in Criminal Procedures

The law of nature of indicate governs the uptake of testimony, which includes oral or written statements, and exhibits such as tangible objects and other documentary materials which ar allowed to be considered by the instrument panel (or trier of fact) in a criminal proceeding ( march (law}, 2006).

Evidence has to conform to a number of rules and restrictions for it to be admissible at attempt (Evidence {law}). Evidence must be relevant to a case, making a fact or issuance in the case more or less relevant. However, rise whitethorn be squeeze outd, even though it is relevant, if it is unfairly prejudicial, is confusing, or is cumulative. A number of social policies also exist to exclude relevant express. For example, there argon limitations on the use of leaven for liability insurance, subsequent remedial measures, settlement offers, and plea negotiations, because it is theory that the use of this evidence discourages people from buying insurance, fixing unwarranted conditions, offering to settle, or pleading guilty to crimes, respectively.

No evidence which is garnered by unconstitutional means, or hearsay evidence is allowed at a trial (Evidence {law}). Some kinds of evidence are subject to further restrictions such as the best evidence rule. This requires certain documents to be produced unless they can be shown to be una


Expert rule. (2006). Retrieved feb. 11, 2006 from

http://faculty.ncwc.edu/toconnor/325/325/lect01.htm

Evidence {law}). (2006). Retrieved Feb. 11, 2006 from

Non-expert (lay) witnesses are only allowed to testify about facts they observed and they are not allowed to testify about their sagacitys of these facts (Expert, 2006).
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A persona who testifies because of their change knowledge or training in a special(a) dramatic art is allowed to testify about their opinions of the meaning of the facts in the case.

Witnesses may be lay witnesses or expert witnesses (Evidence {law}). A lay witness is an ordinary person who testifies found upon their private knowledge and life experiences. An expert witness is someone who testifies based on their qualifications and expertise in a particular field (Witness, 2006). An expert witness is called when some knowledge of a proficient matter might be helpful to a trial of fact, and is someone who has special training or expertise in that particular technical field. An expert witness is permitted to state his/her opinion regarding those technical matters, even though they were not present when the suit occurred. For example, an arson expert could testify as an expert witness about the probable cause of a suspicious fire.


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