Another claim often filed in a motion for post-conviction relief is that of newly discovered evidence. To make the claim of newly discovered evidence, the defendant must show that the evidence was unknown at the time of trial and is so important that it would change the outcome of the case. Evidence that is relative and material to the elements of the charge is crucial to bring forth. This is an opportunity where forensics can play an extremely critical role in the post-conviction process; which is further elaborated in detail. When a prosecutor fails to disclose exculpatory evidence, the claim of newly discovered evidence can fall into play. The Supreme Court of the United States restated in Kyles v. Whitley, 514 U.S. 419 (1995), “the rule was announced that the conviction would not stand when the prosecutor knowingly failed to tell the defense about exculpatory evidence (evidence that was favorable to the defense), and that evidence created a reasonable probability that a different result would have resulted at trial had the evidence been properly disclosed to the defense.” Claims that a witness later …show more content…
An individual trained in the field of forensic investigations also acquires proficient skills that assist in analyzing various types of evidence and assessing admissibility; examining evidence relevant and material to the elements of the charge; thoroughly documenting a crime scene for future reconstruction; in-depth report writing coupled with keen awareness of mendacious reporting (law enforcement, investigative summaries, witnesses, depositions); perspicacious interrogation skills; the proper techniques for the collection and preserving of evidence; and how to testify to one’s findings. “The scientific breakdown of evidence is crucial in determining an accused person’s guilt or innocence in a crime. Therefore, the role of forensic scientists is vital to the criminal justice process” (Criminal Justice USA,
Since the airing of the CSI: Crime Scene Investigation and the other televised series that followed have led jurors to compare fiction with reality. The shows have changed the view on the real world of forensic science as the series have a world of forensic science of their own. For this paper the televised series titled Bones by forensic anthropologist Kathy Reichs will be used as an example for comparison. In the series Bones Dr. Temperance Brenan arrives at the scene of the crime to examine the skeletal remains found in the scene of the crime equipped with one or more forensic kits. Upon momentarily examining the skeletal remains Dr. Brenan is able to determine the gender, ethnicity, and age. When this type of scenario is compared to nonfictional
Holhan, 294 U.S. 103 (1935). In Napue, the court had held that the same result occurs when the State although not soliciting false evidence allows it to go uncorrected when it appears. In Brady, the Supreme Court had held that irrespective of the good faith or bad faith of the prosecution, suppression of material exculpatory evidence required a new trial.
In conclusion, as shown throughout this paper, evidence is needed to convince jurors to give a verdict of guilt or not guilt. Evidence comes in several forms such as physical evidence, substantial evidence. When evidence is presented, it acceptance in trial depends on relevant to the case to be admissible. “Relevance refers to any material fact or evidence having a tendency to make the existence of a matter at issue more probable than it would be without said fact (probative value)”(Britz, 2008, p. 344).
Contributing to most cases of wrongful convictions is Eyewitness misidentification. Eyewitness misidentification not only is the greatest cause of wrongful conviction but it also single handedly creates a huge 75% of convictions to be overturned due to DNA testing. When dealing with eyewitness testimony there is no guarantee that the criminal to which the victim is describing can be narrowed down to a single person. That is where facial and body features such as height, weight, and other personal reference can help victims remember a clearer image. Thus, when the suspects are in the police lineup the victim will either see the criminal, or not. Sadly, the false testimony, or “snitch” testimony come to play. Yes, victims could be telling the truth to whether the criminal is actually in...
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Forensic psychology is a continually adapting sphere. It is hard to have one solid definition for the field, as there are so many aspects that interlock. Within each attribute of the forensic psychology has roles and responsibilities to sustain. The rapid growth and emerging importance of this field volumes of information will be developed in the next decade.
The legal system’s focus on legal guilt over factual guilt sets rules in place that could potentially prove an accused person’s innocence and thus solve the issue of factual guilt. The judicial system is structured in a way that ensures a person’s legal rights are upheld when it comes to criminal law. It is critical to the proceedings that all rules are followed
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
...n of legally obtained evidence and statements. Each and every person involved in the process of the evidence collection and processing must be available for trial. If one of these parties is not available, it may cause some doubt in the juror’s mind, as to what was done with that piece of evidence. The case must be proven beyond a reasonable doubt. In conclusion if any piece of this investigation is not followed by using established guidelines, the outcome will not lead to the successful conviction.
The transitional growth in the forensic science sector has not been without challenges. Though the world has experienced increased capabilities and scientific knowledge, which has led to faster investigations and results, many forensic experts have argued that forensic laboratory testing, in the light of 21st century technological advancements, is yet to meet the expected rate in quick available testing and analysis (Mennell & Shaw, 2006). This is with respect to the growing rate of crime and the high demand of quick crime scene testing and analysis. In the science of crime scene, analysis and interpretation of evidence is majorly dependent on forensic science, highlighting the change in the role of forensic sciences (Tjin-A-Tsoi, 2013). In the business of forensic science, time is beginning to play important role in the evidence testing and analysis which is becoming crucial in reducing ...
Forensic science has paved the way to a new world of technological advancements in solving crime, through DNA analysis, new technology such as M-Vac, improving systems such as CODIS and other investigative methods. As forensic science technology advances, the chance of an individual being able to commit a crime and walk away free without leaving any trace of evidence will lessen. While forensic science has its limitations, it can be the only way to provide an accurate account of what actually occurred at some crime scenes.
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the
"Unreliable or Improper Forensic Science." The Innocence Project. The Innocence Project, n.d. Web. 23 Apr. 2014.
“The word ‘forensics’ means “connected with the courtroom”; so forensic science is, therefore, concerned with gathering hard evidence that can be presented in a trial” (Innes 9). Forensic science is a science that is applied specifically to legal matters, whether criminal or civil. “Few areas in the realm of science are as widespread and important as forensic science” (Hunter 12). Forensics is the one science that is most commonly used in everyday life. It is also a branch of science that incorporates other branches of science such as biology, chemistry, and etc. Since it is used almost every day “No one can dispute the importance of the contributions to society made by forensic science; the ability to solve crime is undeniably important” (Hunter 13). Forensic science has given criminal investigation a new edge. “Advances in science have opened the door for more effective evidence discovery, howev...