Evidence Research Paper Example | Topics and Well Written Essays - 1250 words

Evidence - Research Paper Example In certain cases it can be essential to withhold convinced evidence from the protection in order to save the basic rights of another person or to protect a significant public interest. â€Å"Disclosure is one of the most important issues in the criminal justice system and the application of proper and fair disclosure is a vital component of a fair criminal justice system† (Attorney General’s Guidelines on Disclosure, par.1). In the criminal law there is a responsibility for taking an action in order to give the full revelation of all the applicable data in its possession. The extent of this obligation is decided by the ideas of constitutional which has its due procedure in addition to the requirements of the constitution. The criminal duty of revelation and the civil idea of detection are two totally distinct actions and they exist for various reasons. In summery cases there is no right to disclosure. What is the purpose of this? The rules under evidence should be inter preted in order to administer all proceedings in a fair manner, eliminate all unwarrantable delays and expenses, and helping the growth of evidence law by finishing and determining the fact of protecting a just determination. In a criminal case, the court can accept evidence provided that it shows someone, except the defendant as a source of the injury and the other physical evidences. The court may accept the evidence of victims provided by the defendant in order to prove the approval or if provided by the prosecutor and the evidences whose rejections it will violate are the defendant’s legal rights. â€Å"In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party† (Federal Rules of Evidence par.3). The court may admit the evidence of a victim’s reputation only if the victim has place d it in controversy. What are the penalties for failing to do so? According to the laws with respect to disclosure of evidence, the courts have taken a strict view. It leads to the exclusion of the evidence. Even in the cases where the failure to disclose evidence was not intentional or malafide, the courts have used the rule in a strict manner. Therefore, the litigants are always well advised to reveal all the potential evidence and supplement all the needed discovery and disclosures in order to avoid the likelihood of having their evidence being excluded. â€Å"On the other hand, for litigants who have been prejudiced by their opponents’ failure to disclose, Rule 37(c) offers a remedy to offset the disadvantage of unfair surprise† (Stockholm par.2). If any person fails in giving information or identifying a witness, the person will not be allowed to make use of that witness or information in order to supply evidence on a motion, at a trial, or at a hearing until and unless the failure is proved to be harmless or justified. What is exclusionary rule? The exclusionary rule is a principle in law in the United States which comes under the Constitutional law which says that the evidence gathered and analyzed if it violates the constitutional rights of the defendant, it will be inadmissible in a court of law for a criminal prosecution. This rule was formulated by the judiciary