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Physical Evidence
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics. In American law Tampering It is an offense at common law "to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."67 Corpus Juris Secundum ''Obstructing Justice'' § 63 (footnotes omitted). This is also a crime under statutes of many U.S. states. A 2004 review found that 32 states had a statute "that prohibits, in some form, the concealment, destruction, or tampering with evidence."John F. Decker, ''The Varying Parameters of Obstruction of Justice in American Criminal Law'', 65 LA. L. Rev. 40, 83-84 (2004). Evidence tampering "generally refers to physical evidence and is n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elements Of The Offense
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime. The basic components of an offense are listed below; generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intentioneither purpose, knowledge, or recklessnesswith regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. However, for some leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Packaging
Evidence packaging involves the specialized packaging methods and materials used for physical evidence. Items need to be collected at a crime scene or a fire scene, forwarded to a laboratory for forensic analysis, put in secure storage, and used in a courtroom, all while maintaining the chain of custody. Items might include DNA, drugs, hair samples, body parts, blood samples, sperm, knives, vomit, firearms, bullets, fire accelerants, computers, checkbooks, etc. Each police or fire jurisdiction has its own policies and procedures for evidence collection and handling. Legal requirements for admissible evidence to a court also vary from region to region. Many commonalities do exist. Physical containment and protection Packaging should be the proper size, type, and material for the item. Many items are suited to a clean paper bag sealed with a security tape. Many jurisdictions desire one item per container, but situations do vary. Clean zipper storage bags are also used: special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documentary Evidence
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of digital evidence, such as emails or spreadsheets. Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a witness that the document is genuine, called " laying a foundation". As a general rule of evidence, a document shall be proved by primary evidence that is document itself. No oral evidence of content of documents shall be admissible. But in certain circumstances the secondary evidence of documents including the oral evidence can be given. For instance, when ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authentication
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an Logical assertion, assertion, such as the Digital identity, identity of a computer system user. In contrast with identification, the act of indicating a person or thing's identity, authentication is the process of verifying that identity. Authentication is relevant to multiple fields. In art, antiques, and anthropology, a common problem is verifying that a given artifact was produced by a certain person, or in a certain place (i.e. to assert that it is not counterfeit), or in a given period of history (e.g. by determining the age via carbon dating). In computer science, verifying a user's identity is often required to allow access to confidential data or systems. It might involve validating personal identity documents. In art, antiques and anthropology Authentication can be considered to be of three types: The ''first'' type of authentication is accep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DNA Fingerprinting
DNA profiling (also called DNA fingerprinting and genetic fingerprinting) is the process of determining an individual's deoxyribonucleic acid (DNA) characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a forensic technique in criminal investigations, comparing criminal suspects' profiles to DNA evidence so as to assess the likelihood of their involvement in the crime. It is also used in paternity testing, to establish immigration eligibility, and in genealogical and medical research. DNA profiling has also been used in the study of animal and plant populations in the fields of zoology, botany, and agriculture. Background Starting in the mid 1970s, scientific advances allowed the use of DNA as a material for the identification of an individual. The first patent covering the direct use of DNA variation for forensicsUS5593832A was filed by Jeffrey Glassberg in 1983, based upon work he had done while ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensic Science
Forensic science combines principles of law and science to investigate criminal activity. Through crime scene investigations and laboratory analysis, forensic scientists are able to link suspects to evidence. An example is determining the time and cause of death through autopsies. This evidence can then be used for proof towards a crime. Forensic science, often confused with criminalistics, is the application of science principles and methods to support legal decision-making in matters of Criminal law, criminal and Civil law (legal system), civil law. During criminal investigation in particular, it is governed by the legal standards of admissible evidence and criminal procedure. It is a broad field utilizing numerous practices such as the analysis of Genetic analysis, DNA, fingerprints, Bloodstain pattern analysis, bloodstain patterns, firearms, ballistics, toxicology, microscopy, and fire debris analysis. Forensic scientists collect, preserve, and analyze evidence during the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chain Of Custody
Chain of custody (CoC), in legal contexts, is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of materials, including physical or electronic evidence. Of particular importance in criminal cases, the concept is also applied in civil litigation and more broadly in drug testing of athletes and in supply chain management, e.g. to improve the traceability of food products, or to provide assurances that wood products originate from sustainably managed forests. It is often a tedious process that has been required for evidence to be shown legally in court. Now, however, with new portable technology that allows accurate laboratory quality results from the scene of the crime, the chain of custody is often much shorter which means evidence can be processed for court much faster. The term is also sometimes used in the fields of history, art history, and archives as a synonym for provenance (meaning the chron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. Australia A limited right against self-incrimination exists at com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor or contemner. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Material Object
In natural language and physical science, a physical object or material object (or simply an object or body) is a contiguous collection of matter, within a defined boundary (or surface), that exists in space and time. Usually contrasted with abstract objects and mental objects. Also in common usage, an object is not constrained to consist of the same collection of matter. Atoms or parts of an object may change over time. An object is usually meant to be defined by the simplest representation of the boundary consistent with the observations. However the laws of physics only apply directly to objects that consist of the same collection of matter. In physics, an object is an identifiable collection of matter, which may be constrained by an identifiable boundary, and may move as a unit by translation or rotation, in 3-dimensional space. Each object has a unique identity, independent of any other properties. Two objects may be identical, in all properties except position, but stil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
