Circumstantial Evidence In Criminal Justice Case Study

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Circumstantial Evidence In Criminal Justice Case Study



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Direct vs Circumstantial Evidence

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And with this reasoning, every person in the United States would be classified as "guilty," and we would almost never be able to prove otherwise. This analysis is very similar to how Karl Popper proposes we solve the problem of induction. In the court of law a person is considered innocent until proven guilty, you cannot convict someone without the proper evidence and a court to back up the evidence against the person being accused. In a court a judge or jury will decide whether the person should be convicted innocent or guilty based on the evidence. If proven guilty they can be sentenced to jail, life sentence, or in a serious case sentenced to death. Everyone has their rights and they cannot be violated without the proper evidence to be convicted. I am all forward with this statement, it would be horrid if they convicted people based on appearance, and accusations rather than based on evidence!

The Criminal Justice Process involves numerous steps including but not limited to investigations, charging, discovery, plea bargaining and sentencing. Out of all the procedures I find investigations to be most important because without investigations there would be no evidence to clarify if a crime has been committed therefore there would be no need for a person to be charged. The investigation process is a very crucial step in the criminal justice process, the evidence gathered and how it is gathered can make a difference on whether a person is charged with a crime and whether they will go to trial.

Each state in the United States has their own procedures when it comes to the criminal justice process but basically there are set guidelines in place to describe the process. When we look at the Federal Criminal Process we can see that the first step in the process is Investigation, an investigators duty is to investigate crime, obtain evidence and help prosecutors understand the details of a case. The judicial system is very important in the administration of justice for any society. Functions of the system are clearly stipulated and defended by the constitution of any nation. For a judge to pass a ruling on a suspect, the trial has to go through several stages before a final ruling is arrived at.

Thus, one would believe the judgments made are considered fair making the judicial system a defender of justice and fairness. Occasionally, there are circumstances involved that may cause innocent individuals to be punished for crimes they did not commit. One of Gopniks main point states that the Bill of Rights emphasizes process and procedure rather than principle.

What this means is that a criminal can abuse his rights for his own protection. For example Gopnik quotes Stuntz by saying that a criminal can get off a charge simply because the officer who made the arrest didn 't have a proper warrant. This proves the basis of the Bill of Rights following the one track minded belief that process and procedure is the only way to properly operate a system. Both Stuntz and Gopnik believe that the Bill of Rights could be the cause of the unstable justice system that plagues our communities today. The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty.

Even though the prosecutor s are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person s are allowed the proper procedures and due process of the law granted by the 14th Amendment. In the 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.

When charged of aggravated assault, an individual should take it seriously especially when it is a false accusation. A very serious punishment awaits you in Arizona if you are found guilty. In Texas state and federal courts, the law does not require direct evidence to prove guilt. Circumstantial evidence alone can be enough. In appeals in both Texas state and federal criminal cases, the Jackson v.

Virginia standard applies. The Jackson standard says that all of the evidence in the case, viewed in the light most favorable to the verdict, must be enough so that a reasonable person could find that the defendant is guilty beyond a reasonable doubt. Courts of appeal do not divide the evidence into the categories of direct and circumstantial evidence when considering the sufficiency of the evidence. Instead, they consider the evidence as a whole in light of all of the facts of the case to see whether it meets the standard.

The Jackson standard can be very difficult to apply unless you are an experienced criminal appeals lawyer. When challenging the sufficiency of the evidence, a criminal appeals lawyer in Texas must be able to explain in writing to a court of appeals why all of the evidence at trial would not be enough to meet this standard. This can be difficult to do, but it is not always impossible. The positive influence of class size on academic achievement can be shown by circumstantial evidence, anecdotal evidence, and research that were carried out in order to illustrate that academic achievement can be attained through class size reduction policies.

The positive influence of class size reduction on academic achievement can be shown through circumstantial evidence. Class size reduction is a very attractive strategy for most of the developed American and European. As all officers know, domestic violence is a serious problem throughout the United States. Unfortunately, it is also a crime that some officers perpetrate in their own homes. When officers - who are sworn to protect and serve in their communities - abuse their power and control at home, they violate the law. When this occurs, the victim, the family, the agency, and the entire community suffer. Officers are trained to maintain control, to use weapons, and to justify their use of force on the job.

Chapter Five Case Study Essay The malpractice case that was discussed in the chapter five case study, is something that hospitals need to consider when creating procedure for their health records because they need to ensure that their records are meeting specific standards. Accident or unexpected outcomes in healthcare happen and the care organization needs to understand how the litigation process works and how evidence is used.

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