Please see attached.
Each reply must be 200-250 words, reply must incorporate course materials applying at least 1
additional citation in APA format in additional to relevant Scripture/biblical support.
Chiquita Chapman
Evidence is the information that one can use to support an argument. To support that argument successfully some of the basic rules of evidence need to adhere to the key principles like hearsay, relevance, and authenticity. The available body of facts or information in meeting the burden of persuasion in a criminal case the prosecution is required to prove the defendant guilty beyond a reasonable doubt (Neubaurer, 2018). In due process, a juror using social media to get evidence that could be altered is a direct violation of one’s constitutional rights (Cardozo). A defendant is entitled to an unbiased jury (Neubaurer, 2018). Unless the original video is produced and the person who recorded it is present to testify to the authenticity of the video.
The importance of gathering evidence that comports with the rules of evidence and constitutional provisions is so that the unification of the judicial system is not compromised, and citizens can get a fair trial. It also protects the rights of all parties involved when information is gathered legally and follows the rules of the Criminal justice system. If a juror engages in social media as evidence, they can become biased toward what is being seen rather than what is actually being presented. Although a lot of people believe what they see and hear on social media and those things can be doctored and the furthest from the truth if not properly fact-checked. Which could lead to innocent people unjustly being convicted of crimes.
From a biblical perspective, the principle that stands out to me in my opinion would be equal justice. It doesn’t matter if you have a lot of money or none at all. Everyone should have a right to a fair trial without prejudice. “Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge they neighbor”(Leviticus 19:15).
Andrew Collins
The basic rules of evidence are a collection of legal principles that are used in determining whether or not the testimony or other physical evidence can be used. Out of concerns for a fair trial as promised by the 6th amendment, these principles are necessary to prove evidence trustworthy and reliable to ensure a fair proceeding (Neubauer & Fradella, p.13-6c). Certain aspects pertain more to physical evidence such as having original versions under the best-evidence rule, and having complete chains of custody to maintain control and prevent tampering. Similarly with testimony and witnesses, ensuring they are competent and capable of providing evidence of their personal knowledge through their testimony, avoiding secondhand knowledge or hearsay, and avoiding lay opinions on personal beliefs outside of generalized observations that are relevant to the case. Evidence must also be relevant, or directly related to proving a fact about the case, not be cumulative or unduly prejudicial to avoid wasting time or mislead the jury, or violate some form of privileged conversation such as compelling a spouse to testify (Table 13.3).
Herein lies the danger of jurors obtaining evidence on their own outside of the court process. The evidence they are presented is subject to these rules that are in place in order to maintain a fair trial. Sourcing external information undoubtedly has an impact on deliberations and verdicts, "Jurors are using smartphones to obtain information relevant to the case that was not actually presented or was expressly excluded from the jury (Schwartz, 2009a)" (p. 13-13c). These influences can also be present before the trial begins. Particularly in high profile cases, the difficulty of juror selection is increased as the notoriety may cause prejudices to develop. Ordinarily the attorneys will attempt to navigate this through voir dire, however this relies on prospective jurors to both recognize bias if they have it, and truthfully disclose or overlook it (Berghol, 2024).
Truth in testimony is found throughout scripture "You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness" (Ex. 23:1, ESV). The subsequent verse also mentions "the many", or what could be described as the court of public opinion. Rules on evidence help to uphold these ideas by keeping the argument centered around provable facts.
