Individual Law Project Essay Example | Topics and Well Written Essays - 1000 words

Individual Law Project - Essay Example She was able to get a good idea of what he looked like the night that he assaulted and robbed her. Therefore it is the opinion of this author that the identification she made in the courtroom should not be waived as inadmissible but indeed should be brought to the courts attention as verifiable evidence that the defendant has been proven without a doubt to be the offender against the victim. Furthermore, the reason it is felt that the identification should be allowed as evidence is the fact that normally all cases that are involving crimes of armed robber, assault, and with intention to cause bodily harm are normally charged by the victim identifying the assailant so that there will be no room for doubt that the offender was indeed the person responsible for the act of the crime against another human being. In this case since the victim was able to pinpoint the offender in all three instances and therefore the court should see the validity in this and should agree that it provides the burden of proof to convict this individual. Without this type of evidence there would be no sure way to provide irrefutable evidence that the person did indeed commit the crime. ... tates that, if evidence is discovered by the use of an untainted source (which is the victim) then it can be admissible in a court of law (Dressler 2002). Due to the evidence and the way it was obtained, at this point it is irrefutable which is what makes an open and shut case and speeds up the judicial process in a way that minimizes court costs and the costs to the public as well. So, to summarize this particular criminal case the reason that the identification should be admissible is that it provides the burden of proof for prosecution of the offender. Also, there is no way that the gathered evidence was tainted either so there is no way to refute the identifying of the suspect. Case 2: Further Charges against Williams in Possible Armed Robbery In this case the issue is much more complex than ordinary arrests due to the way in which the suspect was taken into custody and how the search and seizure transpired as well. If the law follows the stipulations laid out by "The fruit of the poisonous tree" then it can be seen where the errors came into play. For instance, simply because this possible offender was asking his neighbor how to spell the word nitroglycerin does not necessarily mean he was responsible for the armed robbery at the bank. This gives the view that the evidence in this area would be tainted and inadmissible in court (Dressler 2002). Also due to the impact that the exclusionary rule holds, the gathering of the evidence appears to not have been done in a legal type of framework and with disregard for the offenders' constitutional rights as well which also poses a serious problem in the prosecution of this person (Boot 1997). Often criminals walk free due to the fact that violations of their rights can be proven in front of a judge and in