LAW OF EVIDENCE

Law of Evidence

Law of Evidence

Introduction

Kidnapping someone in any respect is illegal and serious concern is taken into action against him or her, if someone is found guilty. Not only in US, but all over the world, kidnapping someone is regarded as the most brutal crime anyone can commit, in any case. In US, everyone must abide by US law. Something acceptable in other countries, in US may be illegal, and may lead to severe punishment. Familiar with US law, helps you adapt to life in US Society, and to avoid having problems (Miron, 2001, pp. 615-34). People must know what is right and what is wrong for them, in order to avoid any atrocities that can cause problems in someone's life.

Discussion

The case of Pat v Rodney is a criminal case as Rodney was convicted for criminal offense, such as kidnapping, battery and assault. In the case Pat v Rodney, both Rodney and Delroy are jointly accused of the following criminal offenses:

Attempting to kidnap Pat (Attempted Kidnapping)

Seriously wounding George (Battery)

Hitting Bart (Assault)

As a result, Scott is witnessed to the wounding and resulting in lapse of George. Furthermore, the case also established important points such as the testimony that the victim George himself offered by notifying Scott that he had heard Pat screaming. The wife of Delroy, Denise was requested to provide evidence and serve as a witness before the court; however, in the favour of Delroy and Rodney, which she is not willing to do, owing to her estranged terms with Delroy.

Legal Issues

In this case, the issue of competence and compellability have special significance. Since, Pat and Rodney are husband and wife; thus, they cannot eligible to offer evidence against each other. However, in this case, their evidence either for or against is very important for the case. This raised a question of competence and compellability.

Competence refers to the legal eligibility of the witness for providing evidence. The only two situations which act as exceptions are:

The witness is incapable of understanding the questions asked of him, and therefore cannot answer them in an understandable manner [section 53 (3)].

The defendant remains ineligible of testifying in a court of law [section 53 (4)].

As per the presented case, Pat, Bart and Scott are all competent and compelled by the court to testify.

The case under consideration raised the legal issue of competence for Pat and Rodney that necessitates determining whether the witness can offer or testify the evidence in the court. On the other hand, other legal issue is of compellability for Denise who is a wife of Delroy; whereas reluctant to offer evidence in the court. This might raise a question of whether Denis has a legal obligation to offer evidence if asked to testify his statement and that the court can force her to do so. Whilst, a jury legitimately received his facts and data in the form of evidence, Denise being a witness is said to be compellable. The general law of English law raised a legal issue ...