Criminal Justice/ Criminal Law - Research Paper Example

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In these films, the different aspects that are required for the prosecution, arraignment in court as well as sentencing of a person are brought forth. But some of…
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Download file to see previous pages The legal system places such responsibilities on the state to ensure that people accused of a crime are sentenced for a crime that they can prove as having taken place (Herring, 2004). The prosecutor is thus expected to take the evidence and submit it in court where it will be scrutinized to ensure it passes the possible hurdles to be accepted as part of the charges against the accused. This implies that the burden of proof rests squarely on the prosecution since they have to prove their case. It means that the prosecution has to conduct thorough investigations to ensure that the penalties accompanying the criminal conviction that the individual has been charged with are served as a result of the proof of the charges beyond any reasonable doubt. As such, the burden of proof is an important attribute of criminal investigation processes and requires that the party presenting the charges to establish the truth based on quantum of evidence available as demanded by law.
These may be identified as any forms of testimony or exhibit that may be used against an accused person to prove that they were engaged in criminal activities. The legal systems have improvised a way of identifying what is acceptable as evidence and what is not. However, it is clear that the evidence must provide reasonably reliable information that gives a clear depiction of the crime (s) committed (Herring, 2004). There is direct and circumstantial evidence. Direct evidence is identified as that which is truly beyond any reasonable doubt while circumstantial evidence is considered as that which requires more for the proof to be standardized. The proof may be there but may not prove anything ambivalently. This means that there are circumstances where both may be blended to present a formidable case against the accused. They must however be relevant to the case since the judge or jury or the arbitrating bodies require this to base their decisions and final verdicts on the issue ...Download file to see next pagesRead More
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