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Essay / Research Paper Abstract
This 9 page paper examines several scenarios submitted by a student regarding rules of evidence. Various concepts are explored such as the poisonous tree idea. A short summary of rules of evidence is included. Bibliography lists 7 sources.
Page Count:
9 pages (~225 words per page)
File: RT13_SA637evi.rtf
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Unformatted sample text from the term paper:
man. The woman immediately reported the robbery and described the young man who robbed her. Three days later, a young man (Crews) was improperly and illegally detained. Photographs were taken
of the young man and a photographic display (array) was shown to the woman. She immediately identified Crews as the man who robbed her at gunpoint. In a lineup, the
woman again identified Crews as the robber. At Crewss trial for armed robbery, the woman appeared as a witness and identified the defendant as the robber. Crews was convicted, and
he appealed arguing that the in-court-identification was the fruit of the poisonous tree and should not be used as evidence. Should the U.S. Supreme Court affirm Crewss conviction,
and should the womans in-court identification be allowed as evidence? Why? The womans identification should not be allowed. This is because, according to the case study, it appears
that the identification process is flawed. Wells (2006) explains where many identifications go awry: "In the case of a police investigator administering a photospread for an eyewitness, the investigators knowledge
of which person in the photospread is the suspect creates a dynamic situation in which the investigator can influence the eyewitness to choose the suspect." What happens is that
the investigator will either intentionally or unintentionally lead the witness. He may say something to the witness suggesting that he or she might have stopped and were interested in a
certain photograph (Wells, 2006). This conveys a message to the witness (Wells, 2006). While the legal criteria are not clear, it is certainly not proper for a detective to obtain
identification when it involves some sort of coercive practice. The identification should be considered good and honest. The process is often left to the police departments and then the prosecutor
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