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

Law of Evidence for Forensic Scientists - Essay Example

Comments (0) Cite this document
Summary
This paper examines whether it is justifiable to shift the burden of proof to the defendant or not. The paper draws into the various elements of English law and identifies the major components of criminal law and cases to prove the importance and essence of evidence in court cases…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.6% of users find it useful
Law of Evidence for Forensic Scientists
Read TextPreview

Extract of sample "Law of Evidence for Forensic Scientists"

Download file to see previous pages Based on this research the defendant insured the plaintiff against loss and damage to his jewellery and property. In the insurance agreement, two notable exceptions were given by the defendant in the insurance contract: loss of jewellery to employees [or servants who worked in his premises] through dishonesty and breakage of antiques and chinas. The agreement made it clear that if any of these two incidents were to occur, the defendant would be free from any insurance payments. A robbery occurred at the plaintiff's premises and a safe was broken into and valuable jewels were stolen. The plaintiff had two employees, Mason and Brown. Mason had a group of friends who were members of a gang that was skilled in breaking into any safe. With knowledge of Mason's acquaintances, the defendant refused to pay the claims for insurance. They argued that Mason was a suspect and there was a big chance that he was involved in the robbery. The plaintiff argued against this position of the defendant. He stated that the burden of proof was on the defendant. This is because the defendant was alleging that Mason was part of the robbery and due to that, it was his responsibility to proof how he knew Mason was part of the theft. The defendant also argued that it is logical and obvious that Mason was involved in the robbery because his associates had insider information and could easily break into the plaintiff's premises and steal the jewels. ...
The defendant also argued that it is logical and obvious that Mason was involved in the robbery because his associates had insider information and could easily break into the plaintiff's premises and steal the jewels. They went far to turn in evidence of Mason's character of a deviant. The circumstances showed clearly that the defendant had a strong point because Mason was likely to have brought in third parties to steal from his employers. Thus, both parties had a good case. The argument was who had the onus probandi to determine the facts of the situation at hand. The judge held that it was impossible to place the onus on the defendant. This is because the defendant is not the one who brought the case to court. It is the defendant who has been accused. There is therefore the need for some kind of evidence to be presented to show that he was liable to prosecution. The judge rendered the evidence presented by the defendant inadmissible and stated that in a criminal proceeding, such evidence of the character of a party would lead to prejudice on the part of the judge. Thus, the plaintiff presented the contract for the insurance. The terms were read as the first form of evidence. The judge went through the case and identified the terms of the insurance contract and identified that there was a legal relationship between the defendant and the plaintiff. However, the plaintiff presented the contract for the insurance and indicated that the defendant was responsible to indemnify the loss. The judge insisted that the plaintiff showed evidence that the theft was of the nature that made the defendant liable to pay the insurance claims. In other words, the plaintiff had to turn ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law of Evidence for Forensic Scientists Essay Example | Topics and Well Written Essays - 4250 words”, n.d.)
Retrieved from https://studentshare.org/law/1394799-law-of-evidence-for-forensic-scientists
(Law of Evidence for Forensic Scientists Essay Example | Topics and Well Written Essays - 4250 Words)
https://studentshare.org/law/1394799-law-of-evidence-for-forensic-scientists.
“Law of Evidence for Forensic Scientists Essay Example | Topics and Well Written Essays - 4250 Words”, n.d. https://studentshare.org/law/1394799-law-of-evidence-for-forensic-scientists.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law of Evidence for Forensic Scientists

Forensic Evidence of Gunshot Residue

Proves are very crucial to many investigations, especially when attempting to reach a logical conclusion of whether or not the investigated shooting was done in self-defence, suicide, or in fact a homicide. Again, all the most up to date studies are also included in this researched literature being presented. The conclusion is in showing just how valuable of an asset these specific tests really are towards the outcome of numerous investigations from the past and in the present.
The materials that are found to make up gun powder residue and seemingly found to predominantly consist of a mixture including organic and non-organic substances are basically elemental metals, among other items. However, it has been determined by a nu...
11 Pages(2750 words)Coursework

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages(2750 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 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.

Let us find you another Essay on topic Law of Evidence for Forensic Scientists for FREE!

Contact Us