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This 5 page paper provides an overview of some major legal concepts, including the exclusionary rule, Miranda, and search and seizure principles. There are 6 sources.
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5 pages (~225 words per page)
File: MH11_MHmiranex.doc
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Unformatted sample text from the term paper:
of evidence and requirements regarding the use of appropriate Miranda and search and seizure procedures are required in order to introduce evidence in court. Authentication of Physical Evidence
There are a variety of ways in which evidence can be identified or authenticated in the legal process. Article IX of the Federal Rules of Evidence includes Rule 901,
which provides for the identification or authentication of evidence. Authentication of evidence can occur through the testimony of a witness, statements of an expert witness, self-authentication when public documents
are submitted, voice identification, and the use of evidence collected at a crime scene by police and maintained in the control of the police department (Federal Rules of Evidence, 2011).
Expert witnesses, including police who participated in the collection of data, can be used to verify the credibility of the data collected. Photographic, Recorded or Computer Generated
Evidence Article X of the Federal Rules of Evidence relate the use of photographic, written or recorded evidence, including computer-generated evidence. This type of evidence can be used
in trial situations, but there are specific requirements regarding its use. For example, written documents or photographs can be utilized, but they must be the original photographs, written documents,
recordings, etc., or they cannot be utilized except in limited situations. If the authenticity of a copy or an original document is brought into question, the copy cannot be
utilized. If original documents cannot be obtained, but individuals can testify to the presence of original documents, this testimony can be utilized (Federal Rules of Evidence, 2011). Public
records can also be utilized, including copies of public records, if the records themselves can be authenticated (e.g. certified copy). Summaries can also be introduced into evidence if they
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