✯✯✯ Essay On Best Evidence Rule
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What is BEST EVIDENCE RULE? What does BEST EVIDENCE RULE mean? BEST EVIDENCE RULE meaning
The Best Evidence Rule , contained in Article X of the Federal Rules of Evidence Rules and state counterparts, is a Rule that requires a party seeking to prove the contents of a writing, recording, or photograph to produce the original or a duplicate or account for its nonproduction. Why was the best evidence rule implemented into the US court system? This is because requiring best evidence ensures that litigants provide evidence that will best facilitate a court's task of accurately resolving disputed issues of fact.
Best evidence rule means that for the purposes of evidence the original copy of a writing or recording or photograph must be produced before a court in order to prove its content rather than producing a copy of the same unless it is unavailable. Hearsay is considered inadmissible in court unless it meets certain exceptions. The main issue with hearsay evidence is that the statement's reliability cannot be proved or disproved through cross-examination because the person they overheard is not present in court.
In a general sense, hearsay evidence means the statement provided by a person who in the particular case hasn't witnessed the original situation or its undertakings, rather has heard its circumstances or happenings from some other third person. Hearsay Not Meant to Prove the Contents of the Statement: One can put an out of court statement into evidence if the purpose is not to prove the truth of the out of court statement but to prove what was heard or seen directly. That is not hearsay. Catchall Exception to the Rule against Hearsay It provides that evidence of a hearsay statement not included in one of the other exceptions may nevertheless be admitted if it meets these following conditions: It has sound guarantees of trustworthiness.
It is offered to help prove a material fact. Main page Questions categories Philosophy and history Common philosophy Philosophy in education Philosophy and sociology Philosophy edu Students info Common articles Best philosophy topics. Take a look at the similar writing assignments Essay What is the federal best evidence rule? Get a writing assignment done or a free consulting with qualified academic writer. Read also What is the difference between persuasive and argumentative? What are keywords in psychology? How many libraries does University of Leeds have? The latter suggests that the data supplied to the accountant by their customer should not be made available to the third party unless permitted by the client Miller, It should be noted, though, that the accountant-client privilege is only practiced in several states including Texas.
Therefore, whether the identified scenario should be considered a case of an accountant-client privilege depends on the location. The reasons for applying the BER in the case in point are rather obvious — while the driver was in the car during the shooting and the robbery, the accomplice was witnessing the crime and, thus, could provide more valuable information Hoffmeister, When determining whether the accused is innocent or guilty, the participants of the trial must take every single piece of evidence into account.
However, it is also imperative to make sure that the information submitted for the consideration and further analysis by the members of the jury should be legitimate, credible, and true to the facts. In other words, avoiding any possible biases is the ultimate goal. For this purpose, the members of the jury must recognize the instances of hearsay, as well as the elements of privileged communication, and abstain from basing their judgment on the identified data. Furthermore, the concept of the BER must be viewed as the top priority. After all, there may be legitimate reasons for certain hearsay to spread, etc.
However, the court must remain the beacon of justice and set an example by using the available information in a just and appropriate manner. Gardner, T. Criminal evidence: Principles and cases. Boston, MA: Cengage Learning. Hoffmeister, T. Social media in the courtroom: A new era for criminal justice? Miller, R. Business law today, comprehensive: Text and cases. Diverse, ethical, online, and global environment. Redmayne, M.