Monday, August 12, 2019

CRIMINAL EVIDENCE Essay Example | Topics and Well Written Essays - 1000 words

CRIMINAL EVIDENCE - Essay Example It is considered as the most imperative magnitude to judge and assess the validity and authenticity of an incident, an offence or a felony. The statutes of law are devised and implemented to control crimes by announcing penalty and punishment to the culprit as well as protecting the life, honour, possessions and rights of the innocent citizens. Since no law declares an accused as offender without having sound proof of his offence; and evidence is the only technique to prove or disapprove any fact the truth of which is submitted to judicial investigation. Hence, evidence is the tool, which attests the validity of the offence. Evidence includes: Q 1: In an offence like theft, stealing and burglary, no one is the eyewitness of the felony. Same is the situation in the case under study, where Edna is eyewitness of the presence of a person in her bedroom, where the burglary had been committed at Edna’s house on the night of 21 December. Edna blames Alan as the culprit on the following grounds: The man committing burglary in Edna’s bedroom has the same scar mark as Alan’s. In addition, the person has also left an ear print on window, which looks like the ear print of Alan; it is therefore he has been accused as the same offender, who committed burglary in Edna’s house. The law of evidence allows eyewitness [es] present both oral and documentary evidence. The oral statement made by Edna does not carry weight because she is unable to provide a detailed description of the burglar. Moreover, since she has presented documentary evidence, where only one scar mark describes the identity of the accused. The provisions of the law of Evidence allow an accused to make necessary changes in his appearance. In its words: Hence, provisions of Evidence Law allocate Edna the position of both complainant and the witness of the presence of the offender in her bedroom during the procedure. In the light of the points above-mentioned, Law of Evidence declares her

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