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Essay / Research Paper Abstract
In five pages this paper discusses various issues in criminal evidence, presenting an overview and summary on such topics as physical evidence, Miranda, the exclusionary rule, and search and seizure. Six sources are listed in the bibliography.
Page Count:
5 pages (~225 words per page)
File: TG15_TGevidence.rtf
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Unformatted sample text from the term paper:
the basic criminal justice fundamentals. These are physical evidence, the 1966 Supreme Court decision of Miranda v. Arizona, the exclusionary rule, and search and seizure. Each of these
topics is crucial to ensuring that evidence is collected in a legally appropriate manner. Furthermore, they are designed to guarantee that the rights and privacy of suspects are never
judicially compromised in any way. 1. Physical Evidence a. List and explain five ways that show how authentication or identification of physical evidence can be accomplished (also "laying the foundation").
Physical evidence must be properly identified and authenticated in order to be deemed admissible in a court of law. The evidence must be legitimate, what it is alleged
to prove, and a process of how it should be collected, which is referred to as laying the foundation must also be followed. This can be accomplished in a
variety of different ways. First, physical evidence can be authenticated based on its distinctive characteristics in accordance with Rule 901(b)(4) of the Federal Rules of Evidence (cited in Beitman,
2005, p. 43). This is any distinguishing feature such as a serial number, marking, or damage sustained during the accident or event in question (Beitman, 2005). Secondly, physical
evidence can be authenticated if a chain of custody can be established. This refers to the historical chain that links each pieces of evidence together once it has been
identified, and includes persons and conditional changes that qualify physical evidence for admissibility (Beitman, 2005). Third, physical evidence should be items that can be viewed by a jury from
all sides. It must be preserved in its pristine state and not altered or enhanced in any way. Fourth, physical evidence should be vouched for by a fact
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