StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Brief the case of Holmes v. South Carolina, 547 U.S. 319 (2006) - Coursework Example

Cite this document
Summary
Case of Holmes v. South Carolina Criminal Law Hypothetical Facts: In the year of 1989, a woman of 86 year of age was assaulted, raped and robbed at her residence in South Carolina. The injuries resulted from attack led to the death of the woman in the following year…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
Brief the case of Holmes v. South Carolina, 547 U.S. 319 (2006)
Read Text Preview

Extract of sample "Brief the case of Holmes v. South Carolina, 547 U.S. 319 (2006)"

Download file to see previous pages

However Holmes denied the charges and confessed that the crime was committed by a third party named Jimmy Mc Caw White. Holmes was of the opinion that the police framed him in this crime. Defendant also produces several witnesses who claimed that the third party was found in the premises of the crime scene during the hours of crime. Holmes produced several witnesses to prove that he was innocent in this case and was trapped by the police. He also asserted that the forensic results were manipulated by poor handling by the police officer.

Issue: Is Holmes guilty for the death of the old women in South Carolina? Any case in order to be justified needs solid evidence against the person who is guilty. Moreover there is argument from the defendant that police his trying to frame him .Holmes suggested that The crime was committed by a third party and also produced witnesses for the same. The only proof against Holmes was the palm print, fiber of clothing and DNA elements found at the vicinity and on victim respectively. .It was a known fact that the police officer handling the case dealt with evidence collection in a negligent manner.

He collected the samples with bare hand and henceforth the results were not trust worthy. The issue before the court is that, on what basis they can prove the guiltiness of the defendant as to the crime. How can the court claim that Holmes committed the crime on the women? Court draws conclusion based on evidence found at the crime scene .With regard to this case all the forensic evidence provided was unreliable due to the poor handling of samples by the police officer. Rule: According to federal rule of evidence, rule 702 is a key one.

Cornell University of law(2010) states that “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 or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case”.

Analysis: The Federal rule of evidence is crucial here as the whole case is centered around the validity of the forensic evidence found on the vicinity and victim. Once a crime is committed there should be strong evidence against the defendant in order to sentence the defendant. Even though, the evidence is found, the authenticity of it cannot be established due to the manipulation of them by the police officer. . The forensic result of the crime scene was not authentic as the police officer collected the samples without using gloves.

This is against the law as samples are not obtained following the principles laid down by the civil procedure. Since the reliability of the evidence is very questionable, the court cannot pass any order against Holmes which prove him guilty Conclusion: Since the U.S. Supreme Court was not satisfactory about the credibility of the forensic results, there are no grounds to accuse the defendant of the crime. At the same time the probability of the involvement of the third party was ruled out on the basis of evidence found on the crime scene.

Finally it can be concluded that Holmes involvement in the rape and murder could not be established due to lack of genuine evidence. Work cited Law School, Cornell University. (2010, December).

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Brief the case of Holmes v. South Carolina, 547 U.S. 319 (2006) Coursework”, n.d.)
Retrieved from https://studentshare.org/finance-accounting/1405167-brief-the-case-of-holmes-v-south-carolina
(Brief the Case of Holmes V. South Carolina, 547 U.S. 319 (2006) Coursework)
https://studentshare.org/finance-accounting/1405167-brief-the-case-of-holmes-v-south-carolina.
“Brief the Case of Holmes V. South Carolina, 547 U.S. 319 (2006) Coursework”, n.d. https://studentshare.org/finance-accounting/1405167-brief-the-case-of-holmes-v-south-carolina.
  • Cited: 0 times

CHECK THESE SAMPLES OF Brief the case of Holmes v. South Carolina, 547 U.S. 319 (2006)

South West Tourism Industry

The Stern Report (2006) on the Economics of Climate Change made some landmark observations as to the detrimental impact of the global warming upon the tourist economy.... 2006:Pielke, R.... 2006).... 2006) Popular South West tourist destinations have included the likes of Cornwall, Devon, Somerset, Dorset, and Gloucestershire (Cotswolds and the Forest of Dean), which have become attractions of major international and national importance....
4 Pages (1000 words) Case Study

North Carolina: Criminal Procedure

This paper "North carolina: Criminal Procedure" discusses the fundamental problem facing any society: how to control the actions of individuals that threaten the life, liberty, and property of other individuals as well as society's collective interests of order, peace, decency, and safety.... Although of dubious ancestry, the felony murder doctrine has been incorporated into most criminal codes in the United States even in North carolina (Hall, 2000)....
9 Pages (2250 words) Case Study

Complaint against the Estate

d 1228 (2008), which further backs up the case for prospective action of the law.... In regards to the Estate's counterclaims, the judge stated the case had been drawn on long enough and there was no reason to grant a counterclaim at such a late stage.... While the law recognizes the right to palimony for two unmarried individuals who separate, case BRIEF: BARBARA A.... While the plaintiff does not have her palimony agreement in writing, because she filed her claim before the enactment of the new legislature, the judge ruled the amendment does not apply to her case....
3 Pages (750 words) Case Study

Case Brief: J.D.B v. North Carolina

North Carolina Procedural History the case of J.... The court also found that the case of J.... That's why the past verdicts related to Miranda warnings and age factor were irrelevant in the case of J.... had any relevance in this specific case of police interrogation in the school premises (J.... It was appealed up to the Supreme Court of North Carolina from the trial court to the North Carolina Court of Appeals, and finally to the State Supreme Court. Relevant facts to the case… to the conference room of the school for questioning constituted custodial arrangement of questioning, wherein the accused was not provided Miranda alerts, and that he was Case Brief: J....
2 Pages (500 words) Case Study

Health Care Needs of Homeless and Runaway Youth

the case study "Health Care Needs of Homeless and Runaway Youth" states that acute desperation, deprivation, and chaos visible in homelessness have destabilized the lives of many people across many communities.... Los Angeles remains the capital of homelessness for many adults in the United States....
6 Pages (1500 words) Case Study

Data Management

The study "Data Management" focuses on the comparison between gasoline and hybrid vehicles to determine the one that is better than the other.... According to the study, hybrid vehicles are better than ordinary gasoline vehicles in various aspects of performance.... hellip; Each of the vehicle types has a set of unique advantages and disadvantages....
9 Pages (2250 words) Case Study

Evaluating the Marketing Capability of SMEs

This leads us to a variety of factor identification, such as strategy, tactics competitive advantage, customer value (Duus, 1997; Morris, Schindehutte and LaForge, 2002; Bäckbrö and Nyström, 2006; Miles and Darroch, 2006; Webb, et al.... This case study "Evaluating the Marketing Capability of SMEs" elucidates on the concepts of Entrepreneurial Marketing and the benefits for SMEs.... Using a case study analysis, the essay would explain the need for benchmarking entrepreneurial marketing capability for SME through marketing audits....
7 Pages (1750 words) Case Study

The South Carolina Shooting

This paper "The south carolina Shooting" discusses racial segregation that is considered an issue in the past though it is still with us but depicting itself in different dimensions.... The coverage of the shooting incident of a black in south carolina awoke the silent rage of the black Americans on police brutality towards them....
7 Pages (1750 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us