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One example of circumstantial evidence is the behavior of a person around the time of an alleged offense. In the case of someone charged with theft of money, were the suspect seen in a shopping spree purchasing expensive items shortly after the time of the alleged theft, the spree might prove to be circumstantial evidence of the individual's guilt.
The first legal case that invoked the forensic audio techniques in the U.S. federal courts was the United States v. McKeever case, which took place in the 1950s. [7] For the first time, the judge in the McKeever case was asked to determine the legal admissibility of the conversation recorded that involved the defendant. [8]
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. One of the most common competing interests is the danger of prejudice.
The case would be decided in favor of the individual with the best argument and delivery. This origin is the source of the two modern usages of the word forensic—as a form of legal evidence; and as a category of public presentation. [6] In modern use, the term forensics is often used in place of "forensic science."
When evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to prevent tampering or contamination. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime, rather than having, for example, been "planted" fraudulently ...
A factor that is considered when new technology is used in these investigations is the determination of whether the use of that new technology will be admissible in court. The judicial system in the United States currently has two standards used in the determination of admissibility of testimony regarding scientific evidence; the Daubert ...
The court must determine that the scientific evidence is "generally accepted" by a significant portion of the relevant scientific community in order for it to satisfy the Frye standard. This pertains to any methods, ideas, or strategies that could be used during a court case.
Forensic profiling is the study of trace evidence in order to develop information which can be used by police authorities. This information can be used to identify suspects and convict them in a court of law. The term "forensic" in this context refers to "information that is used in court as evidence" (Geradts & Sommer 2006, p. 10). The traces ...