The primary purpose of rule of evidence
The primary purpose of rule of evidence
1. Discuss the primary purpose of the rules of evidence and explain the four reasons evidence can be offered in court:
The primary purpose of rule of evidence is to provide a framework that defines how the justice system may use evidence during a trial to make a verdict. These rules introduce consistency in how the justice system interprets evidence. One reason for offering evidence in court is to prove that the defendant committed the offenses that the prosecution has raised against him. In this case, the prosecution provides evidence to prove the defendant’s guilt. Evidence is also produced in court in order to prove that the defendant is innocents of the offenses raised by the prosecution. The third reason for producing evidence in court is to prove that the defendant was justified in committing the actions that have led to the criminal trial. Evidence may also be used to prove that the defendant or the witness have lied during the trial
2. Define relevant evidence and admissibility. Discuss the four factors that affect the admissibility of evidence. Include examples of each in your discussion.
Evidence and admissibility are vital elements in the justice process since they help to ensure reliability, consistency, fairness and relevance. Admissibility entails the evaluation of whether the evidence presented in court is relevant to a case. Authenticity is one of the factors that affect admissibility of evidence. Authenticity rules demand that evidence need to genuine in order for it to be accepted in court. Relevancy is also a factor that affects admissibility of evidence. Relevancy means that the evidence must provide some form of assistance to the court in solving the issue. The third factor that affects admissibility of evidence is competency. Competency means that the evidence should not be prohibited by exclusionary rules. Sufficiency is another factor that affects admissibility of evidence. Sufficiency means that the evidence must carry adequate weight to support the issue before the court.
3. Define the competency of a witness and discuss three ways that a witness can be dismissed from a trial.
Competency of witness refers to whether a witness can be called to testify in trail. There are several reasons that lead to the dismissal of witness from trial. One of these reasons is mental incapacity. This means that individuals with a mental condition and children who have not attained mental maturity at the time of the trial cannot be taken as witnesses. A person may also be disqualified as witness due to marriage. A spouse cannot testify against his partners without consent of this partner. Privileged information is also another reason that can disqualify a witness. Information shared under confidentiality privilege cannot be used in court. For instance, a doctor can use confidential information provided by the patient against this patient.
4. Define the hearsay rule and describe the seven exceptions, including examples of each.
Hearsay rule prohibits the use of a statement issued out of court as evidence during a trial. Hearsay is inadmissible in court because the other party does not get the chance to close examine the issuer of the statement. Exceptions to hearsay include; witness statements, excited utterances, dying declarations, business records and treaties.
5. Define and discuss the seven different forms of privileged communication. Why is this concept important for an officer to know?
1. Attorney client privilege: This communication privilege covers the information shared between the attorney and his client during official consultation.
2. Doctor patient privilege- This privilege covers information shared between the doctor and his patients
3. Priest follower privilege- This privilege covers the information shared between the priest and his follower.
4. Accountant client privilege- This covers the information shared between the accountant and his client.
5. Reporter privilege- This information covers the information disclosed to a reporter by an informant.
References
Samaha J. (2010). Criminal Law. USA. Cengage Learning
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