ABSTRACT

The legal system of the US is based on fairness and impartiality. This is true for the litigation aspect as well as for the interpretation and application of the laws within the courts. Most judges or magistrates begin their professional careers as lawyers and then practice significant amounts of law prior to being elected or appointed to the judicial court, and many belong to the American Bar Association (ABA). The code of ethics presented by the ABA requires its members to report misconduct or else failing to report such misconduct is tantamount to misconduct in itself. The competence of the witness must be demonstrated through testimony relating to education, specific training, publications, research, and a variety of other possibilities that are evidence of thorough knowledge within the area of expertise being considered. The exclusionary rule prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the US Constitution.