Discuss the contemporaneous objection rule.

Posted: July 4th, 2022

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Please respond to the students’ essay answer in reply to the following discussion question. Do you agree or disagree with the student’s essay? Is there something you feel that they left out? You are to pose a question to the student about their essay within your reply. Please use course text materials and at least one scholarly source (other than the assigned course text) to support your response. The response should demonstrate the application of theory, law, policy, practice, and/or scholarly literature
Discussion Question:
Discuss the contemporaneous objection rule. Why is it important? Is it possible to appeal without addressing the contemporaneous objection rule? How? Do you think this rule has an impact on the number of appeals?
The contemporaneous objection rule mandates that evidence be admitted in the trial court so that if there is an error, it can be reviewed on appeal.The admissibility of evidence in a court of law is an issue that is frequently challenged in courts. The Fourth Amendment to the United States Constitution, for example, prohibits illegal search and seizure, and many instances are even appealed to the United States Courts for review. (Newell & Carlyle, 2022. Theadmissibility of evidence is crucial in every case, which is why there are so many appeals. The contemporaneous objection rule urges the objection to be made as soon as possible and to be recorded so that it may be used for reference. Because there are conditions that must be followed for an appeal case to be accepted in the court of appeal, not all appeals cases are accepted in the appellate court. First, there must be proof that certain evidence was accepted in the trial court notwithstanding the fact that it was not meant to be admitted. Second there must be evidence; certain evidence was not accepted in trial court even though it was meant to be admitted. Finally, there must be proof of a legal error so that the appellate court can fix the error. These are the three most typical grounds for an appeal. The appeal court has the authority to fix a mistake committed by the trial court. (Newell & Carlyle,2022). The Contemporaneous objection rule is significant because it precludes the defense from omitting to contest an error only for the purpose of appealing the same error that should have been remedied at trial court (. (Newell & Carlyle, 2022)
The appeals court considers cases that demonstrate a trial court mistake. The Contemporaneous objection rule requires defense counsel to act professionally and raise any errors at the trial court for consideration and correction by the trial judge rather than using the appeal court for a mistake that might have been readily fixed at the trial court (Roche, 2022). I think it is possible to appeal without addressing the
contemporaneous objection rule because apart from the need of the Contemporaneous objection rule that such basis be mentioned, the appeal contains some of the exceptions. An
example of an appeal
contemporaneous objection-case would be the case of Gamache v. Allen in 2004, in which the defendant did not argue the finding of fault in this appeal of a medical malpractice claim, thus the matter will be heard exclusively on the questions of causation and damages on remand (Roche, 2022). First, if the court lacked jurisdiction, an appeal may be granted. Cases are challenged, and where it is ruled that the trial court lacked jurisdiction, an appeal might be permitted. Second, if the ultimate justice requires that an issue be applied, it should be implemented (.
(Newell & Carlyle, 2022). The rule of contemporaneous objection absolutely has an influence on a variety of appeals. In most situations, cases in which the defense or prosecution fails to demonstrate that
they raised the admissibility of evidence problem in the trial court are not accepted by the appellate court. The provision of evidence demonstrating the trial courts error allows the appeal court to fix the error, which enhances the administration of justice and the ruling (Roche, 2022).
Course Material:
Title: America’s Courts and the Criminal Justice System, 13th ed.
Authors: David W. Neubauer and Henry F. Fradella 
Publisher:  Cengage
Year Published: 2019
ISBN: 13-9781337557894

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