The Role of Evidence in the Criminal Justice System Essay

The Role of Evidence in the Criminal Justice System I. Introduction Evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand magnitude and necessity of evidence as a it relates to the criminal justice system one must know what are the five (5) key issues and or points regarding evidence. The first is what truly is evidence is it written documentation, is it expert testimony, is it hearsay (oral uncorroborated statements) in a matter of fact way it can be all just mentioned, none just mentioned, or some just mentioned and others as well. After understanding what truly constitutes evidence one must realize how and were†¦show more content†¦Admissibility is the first step into understanding what is evidence, is everything that seems relevant to a case admissible, no. We can look to the United States Constitution and see that evidence uncovered regardless of how damaging done by unreasonable (unwarranted) seizures and searches can n ot be admitted into a court of law. This protection is granted in the Fourth Amendment of the United States Constitution. So one may wonder if evidence must be admissible to be evidence then how is admissibility determined? Admissibility is determined either by, Federal Rules of Evidence (used for Federal Proceedings), or the State Rules of Evidence (state with jurisdiction). In establishing what evidence is admissible, many rules of evidence concentrate first on the relevancy of the offered evidence. Second, the rules of evidence concentrate on the method by which evidence was gathered to try and ensure evidence was gathered within the guidelines set forth for collecting and gathering evidence in a criminal trial. The United States Supreme Court has stated, What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. (Katz v. United States, 389 U.S. 347, 251 88S.Ct. 507, 19L.Ed. 576 1967). In certain circumsta nces law enforcement officers can obtain facts about someone by using opportunities to see, smell and hearShow MoreRelated2.3 Conclusion:. The Aim Of Criminal Law Is To Protect1463 Words   |  6 Pages2.3 Conclusion: The aim of criminal law is to protect the rights of the individuals and to safeguard the weak against the strong, law abiding against lawless and peaceful against violent. The state has prescribed certain rules of conduct, sanctions for their violations and machinery to enforce sanctions and procedure to protect that machinery. If men were angels no government would be necessary. 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