Federal Rules of Evidence

the opinion question, but I do not agree with the judge 's ruling on the hearsay and relevance objection. For each of these issues, there will be a discussion of the Federal Rule of Evidence that is implicated, the judge’s ruling on the issue, and whether or not the ruling was appropriate by comparing it to the Federal Rules of Evidence. Each issue will be explained in detail with the context of the conversation to show how it happened in the film. INHERIT THE WIND REFLECTION

points): Explain the Exclusionary Rule: How and why was it created? What was its development? When and how does a defendant invoke it? Exclusionary rule is in place to protect anyone that has been the victim unreasonable search and seizure. The exclusionary rule states that any evidence collected or obtain during an unreasonable search and seizure can not be used against a defendant in order to convict said defendant. The exclusionary rule took affect in federal case only in 1914 in the case of

1) Competent evidence is described by Ingram as the quality of evidence that is offered which makes it proper to be received (p. 29). Two examples of competent evidence: murder weapon with fingerprints of the suspect on them, and secondly a sworn written statement confessing to a crime. Incompetent evidence is evidence that was obtained illegally or is considered to be incompetent by some court established statute. Two examples of incompetent evidence: murder weapon found in a car as a result of

Federal Rules of Civil Procedure 1938 directs that in civil proceedings prosecution and defense counsel must disclose all pertinent information in a case unless that information is privileged, such as attorney client privilege, spouse testimony or work product. In comparison, the Constitution does not provide the right of discovery in Federal criminal cases set forth in Weatherford v. Bursey, 1977. This is because releasing too much prosecution information to the defense, trial strategy for instance

American courts use the exclusionary rule to deter police officers and other government agents from abusing constitutional rights. According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful search or seizure (Encyclopedia of Crime and Justice). Suppression means that the evidence in question will be inadmissible for most purposes in the defendant’s eventual trial. If a judge suppresses crucial evidence, the prosecution may have no other

Polygraph Use i Should Polygraphs be used in Court Rooms as Admissible Evidence? Ebony Barr Psychology and the Legal System FP 6010 Professor Neely December , 2010 Polygraph Use ii Abstract Polygraph is widely rejected as pseudoscience by the scientific community. Prior to 1998 state and county courts allowed or could allow polygraph evidence to be admissible evidence to convict or prove guilt. Polygraphs should not be used in Court Rooms, the accuracy of the

A court first applied the Fourth Amendment exclusionary rule in 1914, in Weeks v. United States. In that case, the court determined that because federal officials had violated the Fourth Amendment in their search of the defendant’s domicile and their seizure of his document, the document should have been returned to the defendant and not held for introduction at his criminal trial. The Court deemed the use of the unlawfully seized evidence at trial to be a disadvantageous error, and it reversed a

How a Federal Court Decides On the Admissibility of Scientific Testimony Both substantive law and procedural law application play a part in establishing whether a scientific testimony will be allowed in a federal court. The substantive law establishes whether the scientific theory in question is connected with a case in an important and acceptable way. On the other hand, the procedural law determines whether a scientific testimony has enough basis for it to be deemed useful in establishing

Agent George Wilbur. They both testified on the tire tracks that were left at the scene of the crime and whether they were made by the defendants’ 1964 Buick Skylark. Federal Rule 702: Testimony by Experts states, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion

EXCLUSIONARY RULE The Exclusionary Rule Fourth Amendment Yaritza Santana 10/2/2014 This paper is strictly focused and based on the true events, Supreme Court cases that led to the exclusionary rule.   According to Encyclopedia Britannica the exclusionary rule, in American law, states that any evidence seized unlawfully by the police is in violation of the Fourth Amendment (The Editors of The Encyclopedia Britannica). The exclusionary rule was created to exclude any evidence obtained during