A person can be found guilty of a crime without being present at the trial if they have been convicted in absentia. This can happen when the person is on the run or could not be located to appear in court.
Physical evidence is tangible elements presented during a trial to establish the guilt or innocence of an accused. This evidence can be objects, documents, fingerprints, DNA traces, weapons of the crime, electronic communication elements, video or audio recordings, photographs, bank statements, pieces of evidence, etc. These material elements can provide crucial information to reconstruct the events of a crime and identify those responsible. They are often considered solid evidence because they are concrete and can be examined objectively. Physical evidence must be collected, preserved, and analyzed rigorously to ensure their reliability in court. They can play a decisive role in the outcome of a trial by providing concrete evidence to support the charges against an individual.
Testimonies and depositions can play a crucial role in determining the guilt of a person during a trial. They are usually presented by eyewitnesses or individuals with relevant information about the case in question. These testimonies can be verbal, written, or recorded, and must be given under oath, obliging the witnesses to tell the truth under penalty of perjury. The credibility of the witnesses can be evaluated based on their relationship to the case, their memory, their consistency in their statements, and their behavior on the witness stand. Depositions, which are written testimonies previously recorded outside the courtroom, can also be used as evidence during the trial. It is essential that testimonies and depositions be carefully reviewed by attorneys and the judge to determine their relevance and reliability in the context of the ongoing case.
The admission of guilt is a crucial element in many legal cases. When a person confesses to committing a crime, this admission can be used as evidence of their guilt. Confessions can be made verbally, in writing, or even implicitly through gestures or behaviors.
Verbal confessions are the most obvious, as the person directly admits their responsibility for the crime. These confessions are often recorded by law enforcement, making them admissible as evidence in court. However, it is important to note that confessions must be given voluntarily and without coercion to be considered valid.
Written confessions are also compelling evidence. A confession letter, an electronic message, or any other written document in which the accused admits their guilt can be used as proof. Like verbal confessions, it is essential that these writings were voluntarily and without external pressure.
Lastly, implicit confessions refer to situations where the person does not explicitly declare their guilt but where their behavior is interpreted as a tacit acknowledgment. For example, an accused who remains silent in the face of accusations despite an opportunity to clear their name may see this silence as an admission of fault.
It is important to note that confessions must be obtained legally and ethically to be admissible as evidence in court. Judicial authorities must respect the rights of the accused and ensure that confessions were given freely and knowingly. A confession obtained under duress or through illegal means may be rejected by the court.
Circumstantial evidence is indirect evidence that, when taken individually, may not be conclusive, but when combined, can significantly point towards the guilt of a person. These evidences rely on facts and circumstances surrounding a crime, rather than direct evidence such as eyewitness testimonies or confessions.
Circumstantial evidence can include items such as fingerprints, DNA traces, shoe prints, phone records, video recordings, behavioral patterns, ballistic reports, testimonies on the suspect's past behavior, presence at the crime scene, and other elements that, when put together, can provide a comprehensive picture of guilt.
Judges and juries are typically instructed to consider these evidences carefully as they can be subject to interpretation and error. However, circumstantial evidence has been successfully used to secure convictions in many cases where direct evidence is lacking. These evidences can help reconstruct the events of a crime and establish the responsibility of an accused without the need for irrefutable direct evidence.
In some countries where the death penalty is still in force, it is possible for a person to be sentenced to death without being present at their trial.
Criminal cases can be solved years, even decades, after they are committed thanks to advances in forensic technologies.
Some physical evidence, such as DNA traces, can incriminate or exonerate a person long after the fact, even in their absence during the trial.
Physical evidence can include fingerprints, DNA traces, weapons used in the crime, items found at the scene, etc.
Testimonials from individuals present at the crime scene or with relevant information can be crucial in establishing the accused's guilt.
Guilty plea is when the accused admits to committing the crime, which can be an important evidence even in the absence of their presence at trial.
Circumstantial evidence relies on indirect elements (schedules, testimonies, circumstances of the crime) to establish the guilt of the accused.
The accused can appeal the decision, request a review of the trial, or challenge the validity of the evidence presented.
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