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Physical Evidence
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics. In American law Tampering It is an offense at common law "to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."67 Corpus Juris Secundum ''Obstructing Justice'' § 63 (footnotes omitted). This is also a crime under statutes of many U.S. states. A 2004 review found that 32 states had a statute "that prohibits, in some form, the concealment, destruction, or tampering with evidence."John F. Decker, ''The Varying Parameters of Obstruction of Justice in American Criminal Law'', 65 LA. L. Rev. 40, 83-84 (2004). Evidence tampering "generally refers to physical evidence and is not f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elements Of The Offense
Under Law of the United States, United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant Verdict, guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove Legal burden of proof, beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime. The basic components of an offense are listed below; generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intentioneither purpose, knowledge, or recklessnesswith regard to both the nature of his alleged conduct and the existence of the factual circumstances und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Packaging
Evidence packaging involves the specialized packaging methods and materials used for physical evidence. Items need to be collected at a crime scene or a fire scene, forwarded to a laboratory for forensic analysis, put in secure storage, and used in a courtroom, all while maintaining the chain of custody. Items might include DNA, drugs, hair samples, body parts, blood samples, sperm, knives, vomit, firearms, bullets, fire accelerants, computers, checkbooks, etc. Each police or fire jurisdiction has its own policies and procedures for evidence collection and handling. Legal requirements for admissible evidence to a court also vary from region to region. Many commonalities do exist. Physical containment and protection Packaging should be the proper size, type, and material for the item. Many items are suited to a clean paper bag sealed with a security tape. Many jurisdictions desire one item per container, but situations do vary. Clean zipper storage bags are also used: speci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documentary Evidence
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of digital evidence, such as emails or spreadsheets. Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a witness that the document is genuine, called " laying a foundation". Documentary v. physical evidence A piece of evidence is ''not'' documentary evidence if it is presented for some purpose other than the examination of the contents of the document. For example, if a blood-spattered letter is introduced solely to show that the defendant stabbed the author of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authentication
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an assertion, such as the identity of a computer system user. In contrast with identification, the act of indicating a person or thing's identity, authentication is the process of verifying that identity. It might involve validating personal identity documents, verifying the authenticity of a website with a digital certificate, determining the age of an artifact by carbon dating, or ensuring that a product or document is not counterfeit. Methods Authentication is relevant to multiple fields. In art, antiques, and anthropology, a common problem is verifying that a given artifact was produced by a certain person or in a certain place or period of history. In computer science, verifying a user's identity is often required to allow access to confidential data or systems. Authentication can be considered to be of three types: The first type of au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DNA Fingerprinting
DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a forensic technique in criminal investigations, comparing criminal suspects' profiles to DNA evidence so as to assess the likelihood of their involvement in the crime. It is also used in paternity testing, to establish immigration eligibility, and in genealogical and medical research. DNA profiling has also been used in the study of animal and plant populations in the fields of zoology, botany, and agriculture. Background Starting in the 1980s, scientific advances allowed the use of DNA as a material for the identification of an individual. The first patent covering the direct use of DNA variation for forensicsUS5593832A was filed by Jeffrey Glassberg in 1983, based upon work he had done while at Rockefeller University in the United States in 1981. B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensic Science
Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure. Forensic science is a broad field that includes; DNA analysis, fingerprint analysis, blood stain pattern analysis, firearms examination and ballistics, tool mark analysis, serology, toxicology, hair and fiber analysis, entomology, questioned documents, anthropology, odontology, pathology, epidemiology, footwear and tire tread analysis, drug chemistry, paint and glass analysis, digital audio video and photo analysis. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation. While some forensic scientists travel to the scene of the crime to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals. Still ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chain Of Custody
Chain of custody (CoC), in legal contexts, is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of materials, including physical or electronic evidence. Of particular importance in criminal cases, the concept is also applied in civil litigation and more broadly in drug testing of athletes and in supply chain management, e.g. to improve the traceability of food products, or to provide assurances that wood products originate from sustainably managed forests. It is often a tedious process that has been required for evidence to be shown legally in court. Now, however, with new portable technology that allows accurate laboratory quality results from the scene of the crime, the chain of custody is often much shorter which means evidence can be processed for court much faster. The term is also sometimes used in the fields of history, art history, and archives as a synonym for provenance (meaning the chronolo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person). In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Material Object
In common usage and classical mechanics, a physical object or physical body (or simply an object or body) is a collection of matter within a defined contiguous boundary in three-dimensional space. The boundary must be defined and identified by the properties of the material. The boundary may change over time. The boundary is usually the visible or tangible surface of the object. The matter in the object is constrained (to a greater or lesser degree) to move as one object. The boundary may move in space relative to other objects that it is not attached to (through translation and rotation). An object's boundary may also deform and change over time in other ways. Also in common usage, an object is not constrained to consist of the same collection of matter. Atoms or parts of an object may change over time. An object usually meant to be defined by the simplest representation of the boundary consistent with the observations. However the laws of physics only apply directly to objects ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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