Essay Sample on Criminal Trial: Evidence Presented by Defendant & Prosecution

Introduction

Defendants and prosecutors are expected to provide evidence to support their cases in criminal proceedings. The state is supposed to prove that one is guilty beyond a reasonable doubt while the defendant presents evidence to challenge the state. Before trial, each side is allowed to review the evidence provided by the other side and object to the presentation of specific evidence before or during the case (Vess, Arndt & Lieberman, 2016). In this case, Johnson is on trial for robbing a store on tenth avenue street near w.57 on April 1st 2019 at 10:00. According to the cashier, the money stolen is approximately $500, and the robber had a knife. The knife and cash amounting to $428 were found in Johnson's closet. The money was in mixed denominations similar to those stolen from the store. As the judge, I will determine whether the various exhibits presented by the prosecution are admissible or inadmissible. It will help to decide which exhibitions can be used against Johnson and which ones cannot be used.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

The first evidence provided is the money obtained from Johnson's closet. The evidence is relevant as it is in denominations that the cashier says were stolen from the store. It is also equal to the amount of money stolen from the store. This evidence makes the case more probable than it would be without the evidence. A police officer testified that she recovered the money from the closet in Johnson's apartment amounting to $428. This amount is close to the amount stolen from the store that was approximately $500. It is also in the denominations taken from the store. This evidence will not be excluded from the case as it does not mislead the court. It even does not unfairly prejudice the judge against the defendant. The evidence is highly reliable, which proves that Johnson was involved in the robbery. Another reason as to why the money obtained from Johnson's apartment is relevant is that it is a tangible object that is essential for the case. The prosecution has also established an unbroken chain of custody, allowing the money to be used as evidence. There is proof that the money seized from Johnson apartment is the same presented between the time it was taken and the trial. The police officers were able to distinguish the money to be different from similar items in that it was in denominations that had been stolen from the store. There was also the reasonable assurance that nobody had tampered with the exhibit.

The second exhibit provided is the knife that was used in the robbery. This exhibit is inadmissible as the cashier can not positively identify it. Although the robber used a knife when executing the robbery, the blade can not be used as evidence as it can not be positively identified. It cannot be used even though it was found in the closet together with the money that had been stolen. The evidence is relevant as it relates to the particular act of theft as the cashier states that the thief had a knife. However, she cannot positively identify the blade, which makes it inadmissible for this case (Halpern, 2018). The exhibit is also not reliable as the witness testimony can not identify the knife. This exhibit should be considered to be misleading to me as the judge, making me move my attention away from the main issue. The blade is possible as it does not prove or disapprove any fact in this case. It means that the exhibit can not be used as credible evidence against the defendant in this case. The knife found in Johnson's apartment can not prove that he is guilty beyond a reasonable doubt. The testimony given by the cashier is inadmissible also as she can only state that the knife presented in the case is similar in size and shape to that used in the robbery, but she cannot positively identify the blade. It means that the knife can not be used for detailed connections of the defendant to the crime.

The third exhibit is a security camera videotape that was obtained by the police from a person who works in a hospital one block away from the robbery scene. From the tape, it is observed that Johnson had been seen around the store a few minutes before the robbery. The caption on the tape read 04/01/2019 0950 hours, and the theft took place on the same date at 10:00 hours. This exhibit is appropriate as it places Johnson at the robbery scene minutes before the store was robbed. This exhibit is relevant as it is direct and proves beyond a reasonable doubt that Johnson was in fact at the store at the time the robbery took place. The videotape identifies the accused and places him at the scene of the theft. It also proves that he was there at the time of the robbery.

The exhibit is relevant as it can be used and examined by the court to determine that the defendant was involved in the theft. The presence of this evidence makes the case more probable that it would be without it. The evidence can not be excluded as it does not mislead the judge. It also does not unfairly prejudice the judge against the defendant. The exhibit is also reliable as it is valid and meets the standards required for it to be used in the trial. The videotape is authentic as it accurately and fairly reflects the testimony of the cashier, and it is more probative than prejudicial (Henson, 2018). Although the videotape is circumstantial evidence, through its interpretation, it proves in conjunction with the cashier's testimony beyond a reasonable doubt that Johnson was involved with the robbery. It shows that the defendant had the motive, intent, means and opportunity to commit the offence. All these aspects are essential features of criminal conduct. The videotape evidence shows that Johnson had access to the store, and the access allowed him to commit the crime. The videotape will assist the court to confirm the assumption to reach to the conclusion to connect the defendant to the robbery scene.

Conclusion

It is essential that the exhibit provided in a trial be to determine whether they are admissible or inadmissible. Prosecutors and defendants are allowed to present their evidence to support their cases. However, it is the work of judge to determine whether the evidence provided is admissible or inadmissible. From the Johnson case, there are three exhibits presented for the situation. The first exhibit is the money obtained from Johnson's closet in his apartment. This exhibit is appropriate as it is relevant and reliable for the case. Also, the cashier who is the witness confirms that the amount of money stolen from the store is close to the amount found in Johnson's apartment. The knife found in the closet is inadmissible as the cashier can not positively identify the blade. The videotape is admissible as it places Johnson in the robbery scene minutes before the robbery took place. It also does not unfairly prejudice the judge against the defendant. It is highly relevant and reliable.

References

Halpern, M. (2018). Trends in Admissibility of Hearsay Evidence in War Crime Trials: Is Fairness Preserved. Duke J. Comp. & Int'l L., 29, 103.

Henson, N. (2018). A Taste of Their Own Medicine: Examining the Admissibility of Experts' Prior Malpractice Under the Federal Rules of Evidence. Vand. L. Rev., 71, 995.

Vess, M., Arndt, J., & Lieberman, J. D. (2016). Inadmissible Evidence and PretrialPublicity: The Effects (and Ineffectiveness) of Admonitions to Disregard. In Jury Psychology: Social Aspects of Trial Processes (pp. 89-118). Routledge.