Laws of Evidence Essay

Words: 2568
Pages: 11
Open Document
Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence.
Statement of Facts
The defendant was prosecuted for the murder of his wife. The victim’s body was never recovered, no murder weapon was ever found, and there were no witnesses to the crime. At trial, prosecution would like to introduce the following as evidence: 1. A computer disk, found in the defendant’s desk, that contains a …show more content…
Therefore, according to Rule 401 of the Federal Rules of Evidence, the computer disk is relevant evidence in this case and possesses probative value.
This evidence does not present any danger or a great enough danger of confusing the issues, misleading the jury, undue delay, waste of time, or unnecessary presentation of cumulative evidence. “All relevant evidence is prejudicial in the sense that it may prejudice the party against whom it is admitted. Rule 403, however, is concerned only with unfair prejudice.” See United States v Russell, 971 F. 2d 1098. When determining whether or not the prejudicial effects outweigh the probative value, the courts must view the evidence in the manner that is most favorable to the person presenting it and maximize its probative value and minimize its prejudicial effects. Introduction of the computer disk as evidence at the trial does not present a danger of unfair prejudice. Therefore, the evidence is not excluded under Rule 403 of the Federal Rules of Evidence.

CONCLUSION ISSUE I

This evidence satisfies the necessary requirement of relevancy according to Rule 401 of the Federal Rules of Evidence and is not excluded under Rule 403 of the Federal Rules of Evidence. Therefore, according to Rule 402 of the Federal Rules of Evidence, which provides that unless otherwise prohibited, relevant evidence is admissible, the computer disk is admissible evidence in
Show More

Related Documents: Laws of Evidence Essay

Evidence Law and Audit Program Essay

Shoes Casebook Define the process you will use and address the following assessed classroom discussion questions: What procedures will be used to collect accounting evidence? What sampling tools and techniques will be used for the examination? How will you use analytical and inferential tools to evaluate accounting evidence? Submit your assignment to the facilitator. Note. APA formatting is not required for this assignment. Use a title and reference page where appropriate. Consider…

Words 880 - Pages 4

Evidence Law and Opening Statements Phase Essay

preponderance of the evidence, that defendant parties somehow committed wrongdoing in the dispute being heard by the judge and jury. In attempting to prove by a preponderance of the evidence that a defendant or defendants committed wrongdoing, plaintiffs have two forms of evidence that are permissible in the courts, including direct and circumstantial evidence. Factual evidence is known as direct evidence, which is seemingly prima facie in itself. Circumstantial evidence, however, attempts to…

Words 556 - Pages 3

Evidence Collection Report: The Most Important Documents In Law Enforcement

As a law enforcement officer, you will have to write a variety of documents. The different types of documents include, citations, narratives, arrest reports, evidence collection reports, performance reviews and the list continue. These documents are records of information that contain accurate, detailed and informative information about a crime or incident to serve its different purposes. These documents can then be used to help detectives with investigations, pieces of evidence or by the prosecutor's…

Words 690 - Pages 3

Exclusionary Rule Advantages

The “Exclusionary Rule” stops the use of evidence from an irrational search or appropriation that violates the fourth amendment. It also prevents the use of most evidence obtained in violation of the U.S. Constitution. Provoked statements that are received in violation of the Fifth Amendment, which provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or…

Words 628 - Pages 3

The Pros And Cons Of Racial Profiling

unethical issue in law enforcement throughout many in year in the United States. Many individuals still seem to have unequal rights because of their race. Police officers over use their force among people because of their race. Law enforcement officers many times judge individuals by their racial profile to justify if they have committed a crime or not. Officers often jump into conclusions because of a person’s race and accuse them without evidence. Accusing a person without evidence hasn’t been the…

Words 1661 - Pages 7

Abstruse Philosophy In David Hume's Analysis

highest certainty to the lowest species of moral evidence”; in this case, “moral evidence” refers to evidence based on experience (73). As such, Hume contends, one ought to proceed with corresponding degrees of certainty regarding the occurrence of these effects, complete certainty with respect to absolutely certain effects and considerate caution with respect to more uncertain effects (73-74). Hume continues, noting that our conviction in the…

Words 1063 - Pages 5

Evidence Based Policing Essay

Evidence Base Policing In summarizing evidence based policing we come to the conclusion that many cases were justified by a scientific research and not by reasoning or proven evidence. Also practicing one’s and not what’s factorial has been the outcome procedure to everyday field training. Some advantages and disadvantages of evidence base policing are as followed: When law enforcement makes a decision, we come to the conclusion that is not based off of experience. Police agencies use the tools…

Words 579 - Pages 3

Stanley Milgram's Obedience Experiment

increments of 15, until the maximum voltage of 450.Evidence strongly suggests, that if Antigone was the “teacher” in this situation that she would not continue to shock the person whom no longer is answering the questions in the time given. This evidence supports that Antigone was strong in her beliefs of unwritten law. Other evidence suggests that Antigone’s beliefs were not her only influences of not pressing the…

Words 750 - Pages 3

Arguments Against Exclusionary Rule

calibrated, and would wish to see a situation develop where the court would have a discretion to admit the evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim’ (Balance in the Criminal Law Review Group, 2007: 161). Discuss the above statement, giving your view as to the opinion expressed. Your argument should be grounded in the case law, legislation, literature and relevant constitutional provisions. Introduction The exclusionary rule is both…

Words 1498 - Pages 6

Body Cameras Would Improve Policing

implement body cameras due to various problems that have taken place in our community. Due to the large platforms of social media, body cameras have been a major topic for citizens due to various footage that has been released of good and bad behavior of law enforcement. These videos create various feelings within the community whether it be angry or confused, so it is extremely important to keep the topic of body cameras on police officers in mind. The usage of body cameras on police officers will make…

Words 1587 - Pages 7