When a criminal matter is referred to the court, the most difficult part is proving the case against the accused is in presenting evidence to the court regarding the guilt of the accused, and the accused providing evidence that would get a judgment in his/her favor. Evidence must be presented within the framework of guidelines set by laws governing testimony. Testimony can be oral or written statements and may also be presented in the form of exhibits. Presenting evidence is necessary but not adequate for being allowed to be used in courts. Relevant evidence may be disregarded if it is collective or is not legible, or is not according to guidelines set by the court.

There are limits as to the presentation of credible evidence in some matters which allows the law to be bent or misused, especially in matters relating to liability insurance, plea bargaining, out of court settlements and many other issues. The presentation of evidence has always been a controversial matter for ages, but now there is agreement amongst legal scholars and judges in America, that the significance of evidence relies upon the judge taking into account probabilities and reservations. Many scholars and judges agree that reasoning plays an important role in the relevance of presented evidence.

However, what is still a matter of discussion is whether evidence can be defended if the reasoning is unambiguous. Some judges do base their judgments on hunches and their experience of human reasoning. However, judgments based on hunches without considering evidence are usually reversed on appeal  Everyone is equal, but some people are more equal than others. This is amply demonstrated in the legal system of the United States. The Criminal Justice system is not fair to minorities and to poor people. In accordance with the constitution, the legal system must treat everyone equally, and not discriminate against any individual because of the color of his/her skin or social position.

One of the most famous cases of injustice was the beating of Rodney King a black taxi drivers, who was severely beaten by policemen of the California Highway Patrol. Evidence can be excluded at the discretion of the judge, especially if the judge thinks that the evidence was obtained under duress, such as a confession would not be admissible if it were obtained by coercion. The judge may also refuse evidence if it were obtained by illegal means or by violating  any laws. The usual procedure for presenting evidence is that is necessary to provide a witness to authenticate the submitted evidence.

This is just a model custom academic writing on “Legal Foundation of Criminal Evidence”. Place an order to buy custom essays on this or any other topic.

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