Free Law and Evidence Essay Sample
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Throughout the history of mankind, there has existed a battle between good and evil in the society. Whereas the society has continued to cultivate good virtues among people, there has always arisen cases of evil, that have been perpetrated in different ways thus interfering with the normal running of the society. As a result, in order to maintain law and order, laws and regulations have been formulated to govern individual and group entities that are found within a particular society. However, it is important to note that justice and fairness have to be observed when applying these laws and regulations in resolving different cases in these societies. Nevertheless, justice and fairness cannot in any way be obtained or rather achieved if there is no evidence.
With this in mind, it is important for one to understand that evidence plays a very significant role in the accomplishment of criminal law intentions or in other words goals in the society. In reference to Nemeth (2010), evidence is what leads us to the truth; it is a piece of life, a fact, real or tangible things that elucidates a proposition (p.2). Consequently, without evidence in any criminal complaint, the truth cannot be established. There are various ways on how criminal evidence is used in general. Similarly, there are diverse ways on how evidence is used in court.
On a general term, evidence is used or rather employed as a benchmark to ascertain the validity of a claim or rather a particular argument. In this case, evidence assists those who are for, and those against that claim to come to a point of consensus on either supporting the argument or rejecting it. For instance, one of the arguments across the globe in the philosophical arena is whether God exists or not. According to Peake (1822), the only use of evidence is to ascertain the truth of disputed facts, and therefore none is needed to support those claims that are not denied or disputed (p.4).
Moving on from this point of view on the general use of argument, it can be observed that evidence is an important fact in any criminal dispute across the globe. In this respect, judgment would not be deemed as fair unless there is enough evidence on a particular claim. Gardner & Anderson (2009) emphasizes that all defendants in criminal cases are presumed innocent until proven guilt through the use of evidence and witness presented during a trail (p.48). This shows that evidence is the only issue that can be utilized to determine whether a defendant can be acquitted or sentenced in a court of law regarding a particular issue that concerns violation of the law.
On the contrary, there are cases whereby evidence has been used to prove that a defendant failed to do a particular task thus violating the stated law. In connection to this, it can be noted that there are two sides of the coin in regard to law that governs the society. To begin with the law states that there are certain duties that every person in the society is mandated to do. Failure to perform these roles amounts to breaking the law (Peake & Norris, 1824, p.9). On the other hand, performing certain tasks is termed as violating the stated law. Therefore, evidence is always needed in both cases before one can be judged.
On the other hand, evidence in a court of law is used to determine whether a person who has been accused of violating criminal law can be called in to answer to charges that he or she is being accused of. Remarkably, the rules of evidence are grounded on the foundation of justice whereby without justice, evidence is rendered powerless or in other words unworthy. Following this argument, whereas a person may have committed a felony, he or she may be acquitted based on various factors. For instance, if such a person acted as a way of defending himself or herself and ended up committing the crime. In addition to a similar case is the fact that a person who is not mentally fit or in other words insane may not be prosecuted by law but instead may be confined under medication (Nemeth, 2010, p.206).
Evidence is also used to establish the actual causes of a particular claim. In this respect, the evidence that have been gathered is utilized to understand why a particular issue or claim happened in the first place before establishing who are responsible (Gardner & Anderson, 2009). For instance, it was earlier mentioned that the law has 'do' and 'don'ts'. Therefore, there are cases where evidence is used to identify a problem before finally seeking further evidence to determine the culprit who is involved. For instance, when a company looses money, the first evidence is to determine whether what the company has is actually what it is supposed to have. After establishing the truth that there are anomalies in its accounts, then investigations can be launched to find out the people who have messed up with these accounts. In addition, evidence is used to eliminate weaker cases, i.e. find out whether a criminal case needs to proceed on or not (Gardner & Anderson, 2009, p.44).
In summation, there exists a strong link between the law and evidence or rather criminal evidence. Conspicuously, every society has formulated laws and regulations to govern its people. However, more than often, there are crimes that are committed that needs to be dealt with by the law. As a result, there are procedures that have to be implemented to guarantee that justice is administered. In this sense, evidence remains as the most important aspect of law, without which it is difficult to attain justice and fairness in any judgment. Remarkably, evidence plays a critical role in ensuring that the truth regarding a particular claim is established. With this truth, the court of law can then be in a position to pass fair judgment.
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