Preview

Why Is Prima Facie Is Proof Important To The Prosecution Of Crime?

Good Essays
Open Document
Open Document
1038 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Is Prima Facie Is Proof Important To The Prosecution Of Crime?
1. Burden of proof is the responsibility of the prosecution also known as the people. This is because the 5th amendment of the Constitution gives the right to any U.S. citizen who has been accuse of a criminal offense the right to a trial by judge or jury because they are innocent until proven guilty. This is where burden of proof becomes important to the case and hard for the prosecution to prove beyond a reasonable doubt. During a trial the prosecution will have to use and show evidence to show not only proving the act (actus reus) of the crime, but also the intent (mens rea).

2. Prima facie is evidence that is that of face value or true, unless it can be rebuttal showing it is not what it claims that it is. Prima facie can also be evidence
…show more content…
The Simpson case was so pivotal to prosecution of crime in the United States had many reasons. American culture, a celebrity and racism involved with the case changed how the people of the world see the United States legal system. With all of the community watching and involving the different ethnic groups it had black versus white on the guilty of not guilty verdict that is still there today. This case made jurors of today system expect a higher level or more evidence to prove beyond a reasonable doubt; they also do not take police testimonies at face value anymore. This case has change how the entire legal system once was to what it is …show more content…
Mr. Brian, Kaelin aka Kato who was a guest at the defendant guesthouse was key for the prosecution to establish prima facie. Mr. Kaelin established the time that they him and the defendant went to dinner at around 9:18 pm then returned to the residence at 9:40 pm where he and the defendant went to the separate living areas. After which he has made some phone call verified by the phone company record for date and time. Mr. Kaelin did not did not see the defendant until he went to investigate the thumps on the wall around 10:45 pm were he had seen the limousine outside the gate and assumed would be buzzed in be the defendant. The testimony of Mr. Kaelin along with the testimony of the limousine driver seeing a dark, shadowy figure going into the house gave the prosecution the ways to explanation of event thought out the night to establish who was responsible for the murders. This was important to set the timeline for which the prosecution could dwindle down the hours of the murders with more details.
Evidence
1. The blood evidence with the sock, which were found in the defendants house help the jury’s decision-making. As an example the cross-contamination of the socks at the crime scene for which both socks were put in the same bag together taking them out of virgin state. The challenged the prima facie because the cross contamination could have added linkage. Also, the same evidence was shown not to be blood splatter as presented by the prosecution. Which this contamination

You May Also Find These Documents Helpful

  • Powerful Essays

    In this case study I will examine the forensic evidence (limited to the main ballistic evidence), that was presented in the criminal trials and the forensic evidence that was introduced by the prosecution.…

    • 1606 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Module two lab questions

    • 254 Words
    • 2 Pages

    7. What other inconsistencies were found in the case when the evidence was re-examined? Why do you think these inconsistencies were ignored at the time of the Crippen trial?…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The O.J. Simpson murder case was a criminal trial held in Los Angeles, California from January 29 to October 3, 1995. The former football player and actor, O.J. Simpson was tried for the murder of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. The case has been described as the most publicized and controversy criminal case in American history. The case was racially divided because most African Americans believed that Simpson was innocent and most Caucasian Americans believed he was guilty. The prosecutor had indisputable forensic evidence but the defense attorneys were able…

    • 333 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    However the jury did find him not guilty meaning the defense lawyers had to have instilled enough doubt into their minds to make them unable to say without a reasonable doubt. As I mentioned one of the biggest moments of the trial is Simpson trying on the glove and it not fitting. This was huge for instilling doubt in the jurors’ minds. A big theme throughout this case was racism. This is mentioned in an article titled 20 years after the killings: How O.J. Simpson got off, according to local legal pros. He interviewed a veteran lawyer named Bob Beyer who believed the case basically turned into a racial case. The jury had nine African Americans on it and if they were on Simpson’s side, the glove not fitting would be a perfect point for them. The Rodney King case three years earlier is mentioned and how the LAPD was a racist police department. This is a big point because the defense claimed that Detective Mark Fuhrman planted the glove to frame Simpson and if the jury thinks that the police could be racist they are going to believe this. Another big piece of evidence pointing towards Simpson was the sock with Nicole’s blood on it found at his house. However, the defense argued that this too was planted. Stating that the blood was smeared on the socks in the lab. This is a big deal because blood had soaked through to the other side. This would not be possible if there was a foot in it. Later on Fuhrman was charged for perjury because of his testimony on how he collected evidence. This would really hurt the prosecution because now it shows they had a bad witness and could make them think other evidence was tampered with. Simpson was also a huge star and loved by the people of LA and this could have also had a big impact on their decision. The trial probably should not have been done in LA due to a possible bias of Simpson’s fame there. Another big thing is that the prosecutors…

    • 1999 Words
    • 8 Pages
    Better Essays
  • Good Essays

    It was stated that the prosecution was not able to present neither a murder weapon nor an eye witness at the trial. They also brought up that the DNA evidence could have been contaminated while in the lab. The way in which the victims were killed was consisted with those related to drug crimes, since they allegedly befriended a person that owed money to Columbian drug traffickers. Most importantly, OJ Simpson was physically unable to commit a crime of that sort because Ronald was a young man that would put up a fight, while OJ was a middle-aged man that suffered from chronic arthritis. Lastly, the single dark glove found t the crime scene was unable to fit OJ’s…

    • 502 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    OJ Simpson Guilty

    • 335 Words
    • 2 Pages

    Although more than most of the evidence could have put Mr. Simpson in prison for the murder of Nicole Brown Simpson and Ron Goldman if it had been found to be creditable, the fact that the investigation and collection were so splotchy and unorganized, with evidence being misplaced or lost and entered months later, notes that didn’t match up, and blood evidence that wasn’t properly packaged and secured by procedure. Just because Common sense tells us by looking at the abundance of evidence brought forward otherwise, for…

    • 335 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Foresic Science

    • 1473 Words
    • 6 Pages

    Does it clearly present how this case changed forensic science or how the perpetrator evaded detection?…

    • 1473 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Famous football star and actor O.J Simpson was charged and arrested to stand trial after his ex-wife and her friend Nicole Brown Simpson and Ronald Lyle Goldman were found murdered outside Nicole’s apartment. MAny would say it was a clean cut case. But with a systemic rasicism problem with the L.A.P.D. Many believed the beloved football star with over 3,000 many loved may or may not have been guilty.…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Oj Simpson Murder Case

    • 820 Words
    • 4 Pages

    Simpson, the suspect in a double murder. The media craze, captivating all audience in america while the drama unfolded. The american people obsessing over their hero being accused of murder. The controversy of racial issues, evidence and maybe a possible riot. The prosecutors had more than enough DNA and physical evidence to convict Simpson, along with the witnesses who testified. Simpson had motive and no alibi. After eight months of trial the jury found Simpson not guilty for the murders of Nicole Brown Simpson and Ron Goldman. With the evidence and witnesses all pointing at Simpsons, do you think O.J. did it, and if the verdict was guilty, do you think there would have been a…

    • 820 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Explain why the adversary system of trial is the best system for achieving justice in criminal trials?…

    • 1021 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Oj Simpson Mistakes

    • 658 Words
    • 3 Pages

    Simpson was lucky to be who he is, because by having such power he was able to hire an amazing defense team that was able to point out every mishandled evidence pointed by the prosecution. Also, by having his social status, he not only got the world involved with his case, but was able to manipulate the jury's decision by appealing to them and seeming relatable even thought he had a "white life." That said, Simpson had the means that one need to be acquitted no matter the…

    • 658 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Oj Simpson Trial

    • 1699 Words
    • 7 Pages

    Orenthal James “O.J.” Simpson was a famous football star and actor. Simpson’s life was completely changed when he was put on trial for the murders of Nicole Brown Simpson and Ronald Lyle Goldman. Due to the celebrity status of Simpson and the media coverage that followed the case, it is known as the “Trial of the Century.” Officially called the People of the State of California v. Orenthal James Simpson, the trial lasted from November 2, 1994 to October 3, 1995. After the extensive trial, Simpson was acquitted on murder due to a lack of evidence to convict him. This verdict is one of the most highly debated verdicts in one of the most high profile case.…

    • 1699 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    OJ Simpson Essay

    • 712 Words
    • 3 Pages

    Many Americans became devastated when O.J Simpson was released as "not guilty". Justice had not been served. There was plenty of evidence that pointed fingers that he was the killer of those two people. There was a trail of blood that led up to his vehicle, bloody gloves, motivation, a bitter marriage and divorce, and most of all, past accidents. A safety deposit box of pictures of when O.J had beat his wife were later found proving that domestic violence was a past problem in the couple’s home.…

    • 712 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Evidence is a type of proof. It is usually used to prove someone innocent or guilty. There are many different types of evidence, such as: testimony, direct, circumstantial, and physical evidence. However, according to the article “Forensic: Evidence, Clues, and Investigation” by Andrea Campbell, forensic evidence is the best evidence to present at a court case or trial.…

    • 226 Words
    • 1 Page
    Good Essays
  • Good Essays

    O.J. Simpson Murder Trial

    • 1025 Words
    • 5 Pages

    There was an abundance of evidence recovered by police and the prosecuting attorney that really makes you think about how in the world this man was set free. For instance, there was a bloody shoe found around the crime scene but not just any shoe, it was a size 12 Bruno Magli shoe, a relatively rare Italian-made model. It just so happens that O.J. Simpson wears a size 12. It also happens to be a coincidence that, according to the prosecuting attorney, O.J. Shopped at this particular store that often sold this brand of shoe.…

    • 1025 Words
    • 5 Pages
    Good Essays