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Evidence and Due Process: Evaluate Evidence Collection Protocol - Essay Example

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Evidence and Due Process: Evaluation of Evidence Collection Protocol Name: Institution: In the criminal justice system, evidence is regarded as any material substance that can be used to act as proof of a deed or an act committed by an individual. Evidence is used to prosecute or defend an accused person by way of helping establish disputed facts…
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Evidence and Due Process: Evaluate Evidence Collection Protocol
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Evidence and Due Process: Evaluate Evidence Collection Protocol

Download file to see previous pages... The collection and handling of evidence is a very critical task, and it should be handled with care and due diligence because contamination of evidence leads to injustice. There exists evidence collection and handling protocols that ensure that evidence is collected in the right and lawful manner that does not contravene other people’s rights and liberties. This paper seeks to evaluate evidence collection protocol, its intricacies and challenges encountered in fulfilling these objectives. The fourth amendment of the United States (US) constitution protects individuals from arbitrary arrest, search and seizure by law enforcement authorities, and limits the circumstances in which a court of law can issue a valid warrant of arrest and/or search (Colb, 2011). Evidence collection protocols are formulated and implemented to ensure that law enforcement officers do not contravene this law. Failing to observe the provisions of the fourth amendment in the collection of evidence leads to the disqualification of this evidence in a court proceeding. This evidence cannot be used as admissible evidence because it is regarded as illegal evidence, which a court of law cannot use to dispense justice. ...
According Colb (2011), a court of law can prevent enactment of the exclusionary rule if the cost of removing relevant and reliable evidence will pose a threat to the wellbeing and security of the public. This precedent was created courts in Arizona v. Evans and Herring v. United States; an aspect that be used to justify some actions by law enforcement (Colb, 2011). An example of this is the permissibility of law enforcement giving less than truthful testimony in court to help convict a dangerous criminal. However, this should be done in a manner that there will be no way of proving or in other words, there will be no evidence against the officer giving less than truthful testimony to incriminate them for lying under oath. The law does not permit this behavior/attitude or line of thought, but it is an aspect that delves into the moral and ethical considerations that the circumstances present. Suppression of evidence through the exclusionary rule serves to teach and help law enforcement officers learn the implications of contravening the fourth amendment (FBI, nd). This rule serves to make law enforcement officers associate unlawful searches and seizures to loss of evidence, which helps improve the efficiency and performance of law enforcement. Chain of evidence refers to the sequence or procedure followed during the handling of evidence from its collection to return to owner. The chain of evidence is characterized by identification, analysis, storage, preservation, presentation in a court of law and its return to the owner if it is applicable (Ledray, 2010). This procedure is meant to provide a clear picture of who obtained the ...Download file to see next pagesRead More
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