Law of Evidence Essay Example | Topics and Well Written Essays - 750 words

Law of Evidence - Essay Example Evidence from the central cog around which all cases are based upon and in many cases the facts must align with all other circumstances in order for the case to be successful. In Goldsmith v Sandilands (2002) 76 ALJR 1024 (HCA), it was held that evidence is admissible generally only if it proves a fact under determination or a fact relevant to the case. In the past, the law of evidence was based on witness statements and other circumstantial evidence such as tools of crime, for example a gun or a knife found in possession of the culprit. These form the evidential component of the case which when put together with the law, the case become valid. In modern times, evidence has gained more legitimacy in courts of law as they form the basis around which many cases are established. In modern judicial jurisprudence, evidence from both sides of an adversarial system is weighed against each other and a final determination is undertaken based on the outcome of this comparison. A party whose case is founded entirely on weak evidential basis eventually loses the case. There are basically two broad types of judicial systems, that is one system is based on a jury system whereas the other system is purely based on a magistrate system. The jury system is mostly practiced in the United States whereas the magistrate system is in other commonwealth countries led by the United Kingdom. The role of these two institutions when it comes to evidence is quite diverse. Given the fact that both these offices are based on the need to have a final habiter on each court case, evidence becomes the only means through which a case can be determined especially in cases where the law is clear. This essay will examine the role of each given the fact that burden of proof is usually the basis around which every case is determined. In a jury system, a selection of individuals is randomly selected from the population and their views based on the evidence and the law will determine the