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Importance of evidence based practice
Importance of evidence based practice
Importance of evidence based practice
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Recommended: Importance of evidence based practice
Area III: (Core Study Area) 1. What is meant by evidence-based practice and how is this different from an historical standpoint. The true definition of an Evidence-Based Practice (EBP) is: The approaches which have been empirically researched and has been proven to have considerable positive outcomes (Broderick, 2008). Evidence-based practices have validity and have shown to already work, but this also depends on the correlated evidence gather will it then decide if the practice you are trying to validate work as a best practice. The evidence based practices that are used in the criminal justice field have changed the entire landscapes of conducting investigations, interviews, court proceeding, etc. Some evidence-based practices concerning …show more content…
Unless someone is very familiar with the rules and laws that govern the way evidence in case is used it will be hard to comprehend what is allowed and not allowed in the court system. Anyone that works in the court room will understand the Federal Rule of Evidence 404(b) or FER 404(b): The Fictitious Ban on Character Reasoning from Other Crime Evidence (Broderick 2008). Although FER 404(b) is used in both civil and criminal cases it is primarily used in criminal cases. The FER 404(b) rule indicates that evidence procured on someone’s of other crimes, wrong doings, or other acts of wrong doings are not admissible in court to prove the character of the defendant that could indicate actions in conformity; which endows the common law “propensity rule.” (Broderick 2008) This rule does not allow an individual’s character of other implications that is solely based on evidence from bad acts an individual has done, but however the court system has shown that it breaks this rule and has even gone as far to let criminal prosecutors to use this type of evidence, wrong doings, or other characteristics that the defendant may have done in his/her past and use it against the defendant in a criminal
Evidence Based Practice (EBP) is useful to practice because it aids practitioners development and widens their knowledge and insight, therefore enhancing the experience of the practitioner. This ensures that the best quality of care is given to the patient (Duncan, 2006).
The Fourth Amendment of the U.S Constitution provides protection to the people against unreasonable searches and seizures. The exclusionary rule was a judicial precedence that made evidence obtained in violation of the US Constitution inadmissible in federal, state and local courts. Its primary focus being to discourage illegal or inappropriate law enforcement investigation practices. This ruling applies not only to evidence obtained directly from an illegal search or seizure, but also branches out to cover evidence indirectly obtained known as fruit of the poisonous tree. The fruit of the poisonous tree doctrine also referred to as the derivative evidence rule, prohibits submission of evidence that has been legally acquired through the
The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded from use in a criminal prosecution against that person” (Ferdico, Fradella, and Totten, 2009). Before this rule, under common law, evidence was acknowledged in court as long as it satisfied evidentiary criteria for admissibility such as relevance and trustworthiness. Any evidence meeting these principles was admitted because it was considered to be helping to achieve justice. Under common law, evidence that was attained by illegal searches and seizures was allowed (Tinsley & Kinsella, 2003). During this period, the protections of the Fourth Amendment were unfilled words to persons condemned until 1914 in the case of Weeks v. United States.
(Legal dictionary, 2015). Exceptions to the Exclusionary Rule. “ Good faith exception – this exception allowing evidence obtained by law enforcement or police officers who rely on a search warrant they believe to be valid to be admitted at a trial. “ (Exclusionary rule, 2015) “ Attenuation Doctrine – an exception permitting evidence improperly obtained to be admitted at trial if the connection between the evidence and the illegal means by which it was obtained is very remote “. (Exclusionary Rule, 2015) The next exception of the exclusionary rule is the “ Independent Source Doctrine, this is an exception permitting evidence obtained illegally too be admitted at trial if the evidence was later obtained by an independent person through legal activities. (Exclusionary Rule, 2015).
In this paper, I argue that courts should not treat civil parties in quasi-criminal cases the same as criminal defendants because character evidence can be misused as propensity character evidence. Part II of this paper discusses the bar against admitting character evidence. Part III deals with the split among courts as to whether this rule can apply in quasi-criminal cases. Part IV of this paper concludes that courts should resolve this split and refrain from treating civil parties in quasi-criminal cases as criminal defendants because the risk of prejudice does not support this use of the Federal Rules of Evidence.
In this paper, an examination of the legal standard of relevance evidence will be discussed. Furthermore, the rules of inclusion and exclusion of evidence based on the wording of the rules will be scrutinized. In the final section, examples of evidence will be presented that could be both relevant and irrelevant for certain crime.
Evidence-Based Practice is a methodology, framework, gathering of ideas or concepts, adopted principles and strategies supported by research (Fixsen et al.,
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
‘Judges, lawyers and psychologists believe it to be just about the least trustworthy kind of evidence of guilt, whereas jurors have always found it more persuasive that any other sort of evidence’ Brown (1986)
Evidence based practice is the basis for needed change in practice and function. It is a sound method for scientific, fact-based change. Changes which have no evidence to support them are fragile, unscientific, and subjective. These changes don’t effect real change over time, as they aren’t able to be proven to a more general population.
Evidence Based Practice emerged in the late 20th century, becoming widespread in the 21st century. According to Research and Practice: The Role of Evidence-Based Program Practices in the Youth Mentoring Field ( 2009) “The concept of Evidence Based Practice (EBP) actually has its roots in the medical field, where the work of Archie Cochrane (1972) and others examined the key role that the substantial body of medical research and literature could play in how doctors make decisions in patient care” (para 6); Thus, a doctor’s decision would be an “educated” decision, based on evidence gathered (patient symptoms), history of cases they have overseen, or research of previous case diagnosed by another doctor, with a related case. Evidence Based Practices are defined as “ integration of: (a) clinical expertise/expert opinion, (b) external scientific evidence, and (c) client/patient/caregiver perspectives to provide high-quality services reflecting the interests, values, needs, and choices of the individuals we serve” (“Evidence Based Practice (EBP),” 1997-2014); often described as the “Best Practices”. The evidence itself is not the basis of decisions made, but it does help support the process of care given to our clients.
The Fourth Amendment of the United States Constitution guarantees an individual’s protection against unlawful searches and seizures by law enforcement by providing that a search warrant with specific detailing information, based on “good faith” and probable cause, must be provided prior to investigation. By doing so, an individual may be secure that “his home is his castle” and his “person, papers, and effects” (The Constitution of the United States, Amendment 4) are protected as well. History has revealed that as our nation develops and technology progresses, clarifications and changes must be made to ensure the continued safety and protection of society while justice is able to continually prevail. The exclusionary rule and its companion, the Fruits of the Poisonous Tree Doctrine, are but two significant changes that necessity has created.
What are the best ways of achieving this in the reality of the modern NHS? To conclude, Evidence Based Practice is a process of building up accurate information from medical research which has been correlated and assessed. From this, the nurse is capable of advising the best plan of care. For nursing standards to improve, it is vitally important that the nurse is given the time to research and the trust to start off the process of change for better care. References Cullum, N., Ciliska, D. and R. Haynes, Marks (2008).
There are three main rules governing the admissibility of scientific evidence in court: The Frye Test Standard, The Federal Rules of Evidence and The Daubert Decision.
Thyer, B. & Myers, L. 2011, ‘The quest for evidence-based practice: A view from the United States’, Journal of Social Work, vol. 11, no. 1, pp. 8-25.