The Federal Rules of Evidence and the concept of Privileges, Presumptions and Judicial Notice.
Deanna C. Walsh
Kaplan University, 2014
This paper was prepared for CJ508P-01N: Evidentiary Issues in Criminal Cases: Professor Cloud Miller
The criminal justice system is a system build of rules and guidelines that provide the citizens of the United States a place to life free and without fear. The rules and guidelines set into place are to provide structure and repercussions for inappropriate behavior that is deemed dangerous to the individual themselves and the public as a whole. Federal and State guidelines are similar in concepts, as well as specific counties, cities and towns. Most rules have exception to…show more content… Within this answer discuss why privileges exist and argue for or against the end for privileges and societies interest in these rules of evidence. Discuss a minimum of two different privileges within your answer.
The criminal justice system would not exist unfortunately without the individuals who refuse to follow the guidelines set forth by Law Enforcement officials as well as government agencies. Publications from the Harvard School of Law state that, “The evidentiary privileges are the most important set of rules that operate to exclude relevant no prejudicial, and no confusing evidence for reasons completely unrelated to the truth-promoting principle. “ “Without access to specific facts a criminal prosecution may be totally frustrate.” “On the other hand, the allowance of the privilege to withhold evidence that is demonstrably relevant in a criminal trial would cut deep into the guarantee of due process of law and gravely impair the basic function of the courts.” (Harvard Law, 2014)
The Federal Rules of Evidence outlines specific Rules that are described as privileges. The Federal Rules of Evidence; Rule 501; is known as, “Privilege in General” which is defined as the common law- as interpreted by United States courts in the light of reason and experience- governs a claim of privilege unless any of the following provides otherwise:
• The United States Constitution;