Admissibility College Essays Samples For Students

In the case of Giesecke & Devrient v Minister of Safety and Security (Supreme Court of Appeal of South Africa) the main issue was admissibility of hearsay as evidence as per s 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988. Giesecke & Devrient was the appellant while Minister of Safety and Security was the respondent. In the case, it was ruled that hearsay could not be admitted as evidence.
The appellant was involved in the provision of cash processing as well as security services for a number of clients including banks and casinos. One of its ...

1. The admissibility of scientific evidence and expert testimony in court has been the subject of recent debate in both UK and USA. Briefly discuss the background and compare and contrast how courts in both Britain and America make sure admitted evidence is relevant and reliable.

Introduction

The courtroom, never an isolated corner of the societal landscape, has felt science’s impact. Over the years, courts have tried various methods to respond to the increasing influx of science. However, the problem of defining standards for admitting scientific expert testimony is one with a venerable history and in all likelihood, an enduring ...

The use of biometric evidence in executing criminal justice has gained reputation throughout the world as a result of rapid advancement in technology. In essence, biometric recognition entails the use of biometric equipment to recognize individuals through their biological characteristics (Sanders et al., 2010). Bio information of a person is captured and analyzed for use in identification. Some examples of bio information include fingerprint and signatures. A biometric evidence is the most popular and convincing method of confirming the identity of a person (Reedman, 2015). The criminal justice system uses different biometric characteristics to identify criminals depending on the ...

Study

Abstract
Forensic photography is one of the four popular methods of documenting a crime scene. Together with videotaping, sketching and note taking, it constitutes an important part of the investigative and judicial process. Today’s court practice reveals that the photos taken by the forensic expert are often the only reliable, yet sufficient evidence to make the triumph of justice possible. In addition, not only the role of forensic photographers is critical in the context of recording and preserving lopus delicti evidence, but also these professionals are frequently summoned to a courtroom to give their professional opinion regarding authenticity ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows:
- Using encryption in aid of a crime: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on ...

When we consider such topics as abortion vs. euthanasia, it is necessary to look into the concept of bioethics – a complex cultural phenomenon that has arisen as a response to the threat of moral and physical well-being of a person arising from the rapid progress in biomedical science and practice. The term was proposed in 1970 by an American oncologist Van Rensselaer Potter. He called for uniting representatives of the humanities and natural scientists (especially biologists and physicians) to provide decent living conditions for people. According to Potter, science of survival should not be just a science, but rather new wisdom, which would ...

In the present day society, cases of racism being expressed openly have reduced, but there are chances that it is still perpetrated in subtle and non overt ways that are not clearly discernable. This is known as “modern racism.” Over the years, there have been fears that the justice system is not impervious to racism, and this has become a subject of interest for many scholars. A good example is Johnson et al (1995) who carried out a study to determine whether race affects decision making during criminal trials. Although the research was an eye-opener in several ways, a gap still exists ...

Introduction

The American criminal justice system relies on the knowledge and equipment of many sciences and skills. Forensic evidence has become one of the strongest weapons for the successful prosecution of the criminal offenders. Some scientific theories and tests are so widely accepted and verified that they are virtually beyond criticism. The theory that each person’s fingerprints are unique, for example, has universal acceptance.
Historians believe that the Chinese used thumbnails to sign important documents before the birth of Christ. But it was not until 1870s that a British civil servant in India used fingerprints to record persons on ...

Emmanuel Kant describes enlightenment as a situation of self-awareness where an individual emerges from self-imposed immaturity. Thus, this state marks a transition from darkness to awareness, and it comes with freedom. Moreover, Kant regards immaturity as a complete inability of an individual to use his conscience or understanding without the intervening guidance of another person (Deligiorgi, 2005). A clear lack of resolve and courage precipitates to the denial of personal freedom, but an affliction on others for sole guidance. Principally, Kant’s assertion about enlightenment is entrenched on having the courage to use personal understanding and courage to dispense ...

Abstract

This paper seeks to compare American and Australian Criminal Justice Systems by providing information regarding the way the two criminal justice systems operate. Some of the various aspects that the paper will be seeking to evaluate within the two systems include the legal traditions; law enforcement; measure of crime; criminal procedure; corrections; terrorism and organized crime; courts and legal profession; and juvenile Justice. The paper starts with an introduction, which provides a general overview of the paper. Consequently, the paper will provide insight regarding the legal traditions that are practiced within the two countries.

Introduction

Comparative studies of criminal justice ...

Identification Procedures Line ups and Show ups

The Lineup is a technique that is used in criminal investigations and is an act where the police shows an individual who has witnessed a crime, nevertheless the person is a victim or not, a line of people and require that the witness recognizes the perpetrator among them or not.
Why lineup and not only showing the suspect to the witness? Science (cognitive psychology) and practice have proved that mental processes like attention and memory are quite relative and uncertain phenomena. Imagine that the witness saw a woman with blond short hair and green skirt quickly going out from ...

The case involved Fremont Weeks and the police on December 21st of 1911. In what seems to have set the stage for future legal battles, the police officers had invaded the house of the suspect over an alleged sale of lottery tickets. In doing so, the police had acted without the search warrant but went ahead to take several materials from Weeks’ house which they presented to the District Attorney. In their illegal searches, the officers seized anything considered a paper material including letters, books, money, and any other property considered Weeks’. In addition to the unwarranted searches, they ...

1. How does a Federal court decide on the admissibility of scientific testimony?
Federal courts follow a set of universal guidelines termed as the Federal Rules of Evidence, governing the admissibility of scientific testimony . Although all federal courts abide by the Frye standard, they may not necessarily interpret the meaning in the same way. The federal courts follow the Daubert’s standard, which contains two components . The first element is the fact that to be regarded relevant, a scientific testimony should ‘’logically advance the material component of the case”. The second element of the Daubert’s analysis targets the reliability of ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows:
- Refusal to cooperate with authorities: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on Gorski ...

Latent Fingerprinting and its Reliability as Forensic Evidence

Introduction
The discovery and subsequent improvement in forensic science has been a road marred with many challenges. However, despite these challenges, its acceptance as a rudimentary source of evidence in the judicial system is fascinating. Nonetheless, there are copious number of skeptics who argue that the science is based on probability; thus does not fit to be termed as an actual science. (1) Among the source of their skepticism is in evidence collection. In this work, there is an exploration of fingerprint collection on diverse surfaces.

Ways of Collecting Fingerprint Evidence from different Surfaces

Fingerprints can be identified from several surfaces, which include the porous, non-porous, and semi-porous ...

Merriam-Webster’s dictionary defines science as “a system of knowledge covering general truths or the operation of general laws especially as obtained and tested through scientific method.” On the other hand Forensics is defined as “suitable to courts of judicature.” As such, Forensic Science is the use of a knowledge system covering general truths, tested through scientific method that is suitable to judicature or to public discussion and debate.
Comparing and contrasting “normal” science with forensic science is a quixotic task. The contrast is absurd on its face because forensic science is appropriately a part of the normal sciences – were it not ...

Hypnosis. When many people think of it, they imagine it as a fun and entertaining activity for a party along with magicians, comedians, and karaoke. They think of it as a tool that unscrupulous characters employ, like the antique dealer in the 1991 movie Dead Again who used it to regress people to remember past lives so he could locate and steal heirlooms. In spite of hypnosis’s popular reputation as entertainment or as a tool of quacks and dodgy characters, in reality it is a valuable therapeutic method employed to help with a variety of problems such as ending harmful personal habits like smoking ...