CRIMINAL ACTS

Particular Criminal Acts- Rape



Particular Criminal Acts- Rape

Introduction

Rules Regulating Testimony

The premier reason testimony is presented during a trial is to influence the opinion of a judge or jury that is acting as the decider of the facts.  Therefore, certain rules and methods for offering testimony in a trial are enforced to ensure a fair trial for defendants.  Some of the more notable rules regulating testimony during a criminal trial, include:

Testimony submitted must be deemed logically connected to the issues at hand to be deemed admissible in the court.  On the contrary, however, not all logically connected evidence may be deemed admissible at all times.

The “personal knowledge rule” of the Federal Rules of Evidence requires witnesses to testify only on information they received or witnessed firsthand.

The “mercy rule” allows defendants to actually testify and have others testify to their own personal good character

Typically, prosecutors cannot enter “bad character evidence” unless the defendant has entered “good character evidence”

Witnesses during a trial can have their own personal character attacked or scrutinized regarding matters involving honesty or criminal activity to assess their credibility as a witness

Defendants can protect their right to avoid informing jury members of their past criminal convictions, if they do not enter good character evidence, which if done, can be disputed by the prosecution using a defendant's past convictions

Rape shield laws essentially protect a victim or accuser's right to avoid being subjected to questions into their sexual history deemed irrelevant to the case

Hearsay rules prevent non-firsthand statements from being admitted to the court, as well as preventing statements being made without allowing either side to cross-examine the person making these statements

Expert statements or testimony can be entered into a trial, which may include personal opinions and references to previous testimony of other witnesses.  Additionally, expert witnesses can be paid for their time in court. 

Prosecutors typically already have experts in various fields on payroll prior to a trial, but an indigent defendant with court-appointed counsel can obtain expert testimony at no cost if the presiding judge feels that without the expert, a fair trial will not prove possible.

The “chain of custody” rules regulate the admissibility and credibility of evidence during a trial to ensure evidence was not tampered with or somehow altered prior to trial

Discussion

Rape tends to be interpreted as a forced sexual intercourse upon someone by violence, coerced under criminal activity. However, as the time has evolved the definitions attached to rape has also with time. The United Nations defines rape as any form of sexual intercourse without the consent. In the context of the twenty-first century, rape is a crime under the framed legislations and tends to bar the criminal under different sections depending upon the nature of the law which stands to be enacted upon him or her. Before moving further in the context of the paper the fact needs to be kept in mind that rape has not always been punished and even today rape tends to be tolerated, if not legally ...