Evidence in Regards to Whether the Testimony Term Paper

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Evidence

In regards to whether the testimony of the deceased victim can be used as evidence, this seems to be a somewhat grey area. One case in 1995 in Arkansas, however, indicated that the testimony of the deceased victim could be used, provided that it was sworn testimony, and not just something that the victim had said in the presence of witnesses (Dansby v. State, 1995). If there were only witnesses to say that the victim stated the defendant was the guilty party, this would be inadmissible. However, since the deceased was involved in the preliminary hearing before he died, the defendant was present at this hearing, the victim clearly identified the defendant, and the victim also responded to a cross-examination by the defendant's lawyer, it appears that the testimony that this victim gave would certainly be admissible and could therefore be used in an effort to convict the defendant of the crime which he allegedly committed.

The fact that the robberies and murders that were taking place stopped at the arrest of the defendant is not something that can be used as evidence in the defendant's trial.

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There is one important reason for this -- although it is very unlikely, this could just be a coincidence. In other words, the stopping of the crimes after the arrest of the defendant does not completely prove that the defendant committed the other crimes. Theoretically, the defendant could have simply been a copy-cat that heard about the other robberies and murders and decided to try that method himself. Granted, this is very unlikely, but the law is relatively specific about what can and cannot be admitted as evidence in a trial. It would hold much more weight in convicting the defendant if the fact that the robberies and murders stopped could be brought to light, but there is insufficient evidence to the fact that the defendant did indeed commit these other crimes, since there were no witnesses, fingerprints, etc., at the other crimes. There is nothing to link the defendant to….....

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