Evidence Discuss the Problems for Essay

Excerpt from Essay :

"The criterion for the admissibility of a confession has thus evolved into the quality of voluntariness. The aim of admitting into evidence only voluntary confessions is to prevent the introduction of unreliable evidence. & #8230; the result is that judges may exclude confessions where the coercion is blatant and obvious but not exclude confessions where the coercion" is more subtle -- the jury is left to decide the confession's veracity in this case (Wakefield & Underwager 20009).

Question 13

Discuss and provide examples pertaining to the waiver of privilege against self-incrimination.

The protection against self-incrimination does not apply to "non-testimonial evidence" such as giving examples of one's voice, police line-ups, blood samples or fingerprints (Lesson 12, 2009, Slide 4)

Question 14

The principal restriction of impeachment by the use of evidence of misconduct can result in a conviction of a witness. Explain this concept and give examples.

Impeaching the testimony of a witness may involve bringing up examples of past bad behavior, including criminal behavior. If the witness does not have immunity, this could result in a conviction. Also, if the witness is shown to be lying and deliberately gives false evidence under oath, this can result in a conviction for the crime of perjury. Finally, immunity may be withdrawn if the witness is shown to be lying, or to have misrepresented his or her knowledge of the case, or role in the case.

Works Cited

Exceptions to the hearsay rule. (2009). Everything2.com. Retrieved May 28, 2009 at http://everything2.com/title/Exceptions%2520to%2520the%2520Hearsay%2520Rule

ELMO evidence presentation. (2009). Middle District of Pennsylvania. Retrieved May 28, 2009

at http://www.pamd.uscourts.gov/docs/elmo.pdf

Evidence. (2009). eNotes. Retrieved May 28, 2009 at http://www.enotes.com/forensic-science/evidence-chain-custody

Garland, Norman. An overview of relevance and hearsay. A nine-step analytical guide. Westlaw.

Retrieved May 28, 2009 at http://lawschool.westlaw.com/Garland/GarlandText.htm#Six

Lesson 12: The pretrial process. (2009). PowerPoint Retrieved May 28, 2009 at jyates.myweb.uga.edu/Lesson12.ppt

Lynch, Timothy. (2003). The O.J. Simpson case and the war on terrorism. Reason. Published by The Cato Institute. Retrieved May 28, 2009 at http://www.cato.org/pub_display.php?pub_id=3263

Types of courts in America. (2009). Retrieved May 28, 2009 at http://keep2.sjfc.edu/class/bnapoli/mste431/grantham/public_html/jud1.htm

Wakefield, Hollida & Ralph Underwager. (2009, April 19). Coerced or nonvoluntary confessions. IPT. Retrieved May 28, 2009 at http://www.ipt-forensics.com/library/coerced.htm

Sources Used in Document:

Works Cited

Exceptions to the hearsay rule. (2009). Everything2.com. Retrieved May 28, 2009 at http://everything2.com/title/Exceptions%2520to%2520the%2520Hearsay%2520Rule

ELMO evidence presentation. (2009). Middle District of Pennsylvania. Retrieved May 28, 2009

at http://www.pamd.uscourts.gov/docs/elmo.pdf

Evidence. (2009). eNotes. Retrieved May 28, 2009 at http://www.enotes.com/forensic-science/evidence-chain-custody

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