TX Innocence Project Exclusionary Rule

TX Innocence Project

The problem with scientific evidence

There is an upsurge in the scientific means of conducting investigations into issues, and the use of the latest technologies that are geared towards making things easier when it comes to unraveling the mysteries surrounding the evidence required in courts of law for prosecution. This is a trend that is global and has deeply taken root in the U.S.A.

However, from the look of various cases as those found in The Texas Tribune (2012) it is apparent that there are various errors that can accompany the scientific evidence hence they cannot be relied upon on an absolute accuracy or implementation basis.

There are various problems that are associated with the scientific evidence as presented by Robert D. Meyers et.al (1999) numerated as below:

The problem of cost: this is one of the first and foremost prohibitive facts about the scientific evidence. It has been proven that it is quite expensive to process proper evidence in the science laboratories hence many would rather do away with a case or give in to a case rather than struggling to raise the finances to carry out DNA analysis or the other related scientific evidence processing.

The problem of undue influence: since it has been observed that many judges would give more weight to the scientific evidence and consider what comes from the laboratories as the gospel truth and not able to fall short of the threshold by any standards. However, it has been in the public domain that there are various inaccuracies that usually come with the scientific evidence hence the undue influence that the scientific evidence has over the years exerted on the legal system overshadows even the inaccuracies that may come with it.

The problem of comprehension: the scientific evidence use in the courts often present the challenge of lack of comprehension among the lay fact finders who may not be in a position to effectively understand the scientific and technological evidences and jargons therein that may be presented in the court.

The problem of comprehension by the jury: there is a possibility that the jury may not understand fully the scientific evidence that may be presented before them. This is due to the fact that the jury may be specialized in the legal implications of the evidence but not in the field from which the evidence was collected, for instance the judges may not be specialized in the environment conservation and toxic waste disposal hence may fail to understand to the fullest extent the evidence presented before them.

Topic two: exclusionary rule.

The exclusionary rule is a legal provision in the U.S.A. that tries to protect the constitutional rights of the individual in as much as the evidence against him are being collected and processed. It indicates that if the constitutional rights of an individual are trampled upon in the process of the collection or processing of the evidence against that person, then that evidence could stand inadmissible in the court of law. One significance of this provision then is to ensure that the constitutional rights and the constitution are upheld at all times.

This is also a provision that protects individuals against illegal searches and seizures, also protects individuals against self-incriminations as well as illegal gathering of evidence against them or compulsion to participate in witnessing against self in a legal case. It is also a check against the denial of the provision of the sixth amendment which guarantees individuals the right to legal counsel.