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Physical Evidence - Research Paper Example

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Physical evidence refers to the evidence that sheds more light on the form of a real, actual physical object in relation to criminal activities (Lee and Harris, 2011). The exhibits…
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Physical Evidence al Affiliation Physical Evidence It is imperative to understand the meaning of the physical evidence in relation tolegal matters. Physical evidence refers to the evidence that sheds more light on the form of a real, actual physical object in relation to criminal activities (Lee and Harris, 2011). The exhibits that are always presented before the courts always account as physical evidences to help reinforce the case at hand. It is of critical significance to acknowledge the fact that physical evidences always play critical parts in legal perspectives. The physical evidences are always critical in determining the nature of the criminal activity, the weapons as well as the scene of the crime. This follows that physical evidences always presents exhibits that are directly linked with the scene, the person who conducted the crime, as well as the things such a person may have been putting on during the time the crime was committed. Examples of physical evidences may involve the fingerprints of the criminals, the blood samples collected from the scene of crime, the weapons as well as remnants of the materials used to commit such crimes (Siegel, 2010).
Exclusionary rule refers to the rules put in place to discourage the introduction of illegally obtained evidences in relation to certain cases involving criminal trials (Maclin, 2013). The introduction of such illegally obtained evidences in the case trials involving criminal activities may always lead to biased decision-making. This leads to inaccurate decisions from the juries thereby making their verdicts questionable as well as disputable. In addition, the introduction of such illegally obtained evidences in legal processes may deny the accused the right to free and fair trials. This rule provides that any evidence that may emanate from questionable sources and presented by the prosecution with the main aim of fixing the defendant, violating the defendant constitutional rights as well as subject the defendant to unfair trials should not be presented in any courts of law during the trials (Siegel, 2010).
It is of crucial significance to note that confessions rule greatly differs with the exclusionary rule in legal terms. Confessions rules may either be judicial or non judicial (Kusonsinwut, 2008). In this regard, it is imperative to note that confessions may be either official or unofficial with regards to several legal perspectives. It is of critical significance to highlight that in relation to common law, each and every statement that is submitted of directed to may person in authority must be subjected to proofs of voluntariness in order for such confessions to qualify as admissible (Kusonsinwut, 2008). However, if such statements are not authorized or proven otherwise by the authority in question as voluntary and admissible, such statements might fail being categorized as confessions. This is termed as the confessions rule.
Physical evidences are major tools for forensic science services. The Criminal Justice System as well as law enforcement authorities, relevant to the evidence rules, mostly use these services. These services are beneficial in relation to building of cases using such physical evidences (Weaver et al, 2013). Therefore, many Criminal Justice Systems majorly rely on the forensic results emanating from the physical evidences in order to build cases. In addition, it is prudent to note that the Criminal Justice Systems may also use confessions as amongst the tools for building cases. However, the use of confessions may sometimes seem unreliable. This follows that confessions and testimonies are non-scientific. Therefore, some elements of biasness may exist to some extent thereby leading to inaccurate legal decisions taken on the defender. However, the use of physical evidence in such issues is quite dependable as it involves the use of scientific information involving forensic science (Lee and Harris, 2011). This leads to a strong case with well informed and accurate legal decisions made in relation to the cases handled.
References
Kusonsinwut, S. (2008). A comparative study of confession law: The lesson for Thailand regarding the exclusionary rule and confession admissibility standard. (Dissertation Abstracts International, 69-5.)
Lee, H. C., & Harris, H. A. (2011). Physical evidence in forensic science. Tucson, Ariz: Lawyers & Judges Pub. Co.
Maclin, T. (2013). The Supreme Court and the Fourth Amendments exclusionary rule. Oxford: Oxford University Press.
Siegel, L. J. (2010). Introduction to criminal justice. Belmont, CA: Wadsworth, Cengage Learning.
Weaver, R. L., Burkoff, J. M., Hancock, C., Hoeffel, J. C., Singer, S., & Friedland, S. I. (2013). Criminal procedure: Cases, problems and exercises. Read More
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