Assignment: Law of Evidence Question 1 The law of evidence aims to determine what material may be presented in court as evidence‚ by whom‚ in what manner and its probative value. Question 2 The onus of proof lies with the State to prove that the accused is guilty. Question 3 Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts. Question 4 Evidential
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Trace or transfer evidence can be any small‚ and to the untrained be a seemingly insignificant piece of material‚ whether man-made or natural‚ that has been left at a crime scene. Edmond Locard‚ founder of the Institute of Criminalistics at the University of Lyon‚ France‚ developed what has become known as Locard’s Exchange Principle. This states that every contact leaves a trace (Trace Evidence). Trace evidence can consist of just about anything. Some types of trace evidence include but are not
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Memorandum To: From: Date: 08/31/2012 Re: Laws of Evidence Assignment #2 Statement of Assignment You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request‚ this memo includes my analysis‚ reasoning‚ and conclusions regarding the admissibility of such evidence. Statement of Facts The defendant was prosecuted for the murder of his wife. The victim’s body
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Collecting evidence is an essential factor to the world of criminology. The evidence can determine whether the person is guilty or not guilty. The matter of handling evidence correctly becomes a priority to anyone who is working in the case. Throughout the years civil and criminal cases have impacted our world. They have determine whether the suspects of cases and have narrowed down to the offender. But the process that it takes to establish a final conclusion to present to a court is a long
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Evidence of accomplice: An Introduction Section 133 of the Indian Evidence Act‚ 1872 is the only absolute rule of law dealing with accomplice evidence. However it is the opinion of some that this section is redundant as Section 118 makes all persons competent to testify except those persons which the section specifically bars. Moreover there is no rule which requires that the evidence of an accomplice should be corroborated. But Section 133 might lead persons to suppose that the Legislature desired
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According to the Evidence Act Cap 6‚ evidence denotes the means by which any alleged matter or facts the truth of which is submitted to investigations‚ approved or disapproved‚ admissions‚ presumption of law and observations by courts in the judicial capacity as per section 2[1]d of the act. Rules of evidence refer to the procedure of admitting relevant facts by courts of law and in general they are referred to as Relevancy and Admissibility of Evidence According to section 4‚ it may be given from
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“Discuss the rule in R v Leatham [1861] 8 Cox. CC 498 and the validity of the rule in the context of recent developments in Kenyan Law” 1. Understand the case facts and decision‚ make a personal analysis. R v. Leatham (1861) 8 Cox CC. 498‚ 502 During an inquiry before a Commission appointed under the Corrupt Practices Prevention Act‚ 1854 to investigate allegations of corrupt practices at an election for a member of Parliament‚ a letter was produced written by A‚ the person suspected of bribery
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn’t be used in arriving at a decision by the Court and‚ sometimes‚ the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount)‚ quality‚ and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay
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Criminal evidence is any exhibit or testimony regarding a crime. It can take many forms‚ and is typically used to establish that a crime has been committed and identify blame or fault in a criminal case. What constitutes acceptable criminal evidence varies somewhat between legal systems‚ although ideally‚ evidence provides reasonably reliable information that gives a more complete picture of a crime The outcome of many criminal law cases will depend upon the strength and admissibility of evidence -- including
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