Browsed by
Category: Evidence

Courtroom Evidence Handbook

Courtroom Evidence Handbook

Steven Goode

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 7.21 MB

Downloadable formats: PDF

A peremptory challenge permits a lawyer to remove a possible juror without the necessity of showing a reason. The North Carolina Supreme Court overturned the conviction because the second victim had picked another man out of the lineup and the trial court did not allow this evidence to be heard by the jury. Arizona), a defendant’s rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect: You have the right to remain silent. The Common Sense School provided the underlying assumptions for much of the U.

...

Read More Read More

New developments in Criminal Evidence Act(Chinese Edition)

New developments in Criminal Evidence Act(Chinese Edition)

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 12.40 MB

Downloadable formats: PDF

Admissible evidence is any document, testimony, or tangible evidence used in a court of law. In S v Peakethe police used a tape recorder to record a conversation. he would not likely give up this information. As the judge had failed to exclude the confession at the original hearing the conviction for robbery was ordered to be quashed. The surcharge is mandatory and goes towards victim services. Certain measures should be taken to lessen the CSI Effect on the verdict or judgment at the close of trial and on the commencement of jury deliberations.

...

Read More Read More

Evidence in a Nutshell: State and Federal Rules (3rd ed)

Evidence in a Nutshell: State and Federal Rules (3rd ed)

Paul F. Rothstein

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 13.13 MB

Downloadable formats: PDF

Zwier is Professor of Law, Director of International Advocacy and Dispute Resolution, and Director of the Advocacy Skills Program at Emory University School of Law. Ghandi won Indian independence by using civil disobedience, deftly. 3) The Declaration of Independence wasn’t signed on July 4, 1776. 4) The original Declaration of Independence wasn’t written on paper. Some judges choose to give a brief instruction on the law controlling the case at the beginning of the trial.

...

Read More Read More

Codes of Practice: [under the Police and Criminal Evidence

Codes of Practice: [under the Police and Criminal Evidence

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 6.80 MB

Downloadable formats: PDF

For example, if an arrested person is discovered with a small amount of marijuana, this alone will not justify a search of the person's home. In the early morning of January 24, 1984, a woman was sexually assaulted and murdered in her home by an assailant who had entered the home through the victim's basement window. The Crown cannot introduce evidence showing that their witness has testified in court previously resulting in convictions. [2] The Defence cannot adduce evidence establishing that the accused passed a polygraph test. [3] R. v.

...

Read More Read More

E-Z rules for the Federal Rules of Evidence: With summaries

E-Z rules for the Federal Rules of Evidence: With summaries

Jack S Ezon

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 10.58 MB

Downloadable formats: PDF

Kennedy, 2008 NSPC 73, the judge refused to allow a printout from a computer screen with only one day notice. AE [2005] SGHC 30, Choo J that a DNA report that was tendered by someone else other than the doctor who prepared it was inadmissible as the court was only presented with a report from a laboratory on the DNA results and a note under the letterhead of a doctor. Regardless of type, each wound tells experts something about the manner of death.

...

Read More Read More

Uniform Evidence

Uniform Evidence

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 5.05 MB

Downloadable formats: PDF

And finally there is the conflict theory, which says that regular social life needs conflict. S. 277 (1983)]– The defendant Helm was sentenced to life imprisonment without possibility of parole pursuant to South Dakota’s habitual offender law, upon conviction of fraudulently passing a “no account” check for $100.00. His evidence was of assistance to the trier of fact in understanding the videotape evidence. Section 54 emphasized the point that relevant evidence may sometimes leave impressions of character that might influence the court’s findings of fact but such subsidiary impressions are not grounds for rejecting the otherwise relevant evidence.

...

Read More Read More

Murder in the Heartland: Book Two

Murder in the Heartland: Book Two

Harry Spiller

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.80 MB

Downloadable formats: PDF

In this case, the case is so publicized that everybody knows about Apple’s vulnerability. Such an elaborated denial is clearly admissible. Mitchell-Peterson, Inc. (1989), 63 Ohio App. 3d 319, 329 -- "...(A)s a general rule, a refusal to permit a proffer when direct examination evidence is excluded is error." Any evidence which, on the thirtieth day of May, 1961 – (a) would have been admissible as proof of the appointment of any person to any public office or of the authority of ·any person to act as a public officer, shall be admissible in evidence in criminal proceedings; (b) would have been deemed sufficient proof of the appointment of any person to any public office or of the authority of any person to act as a public officer, shall in criminal proceedings be deemed to be sufficient proof of such appointment or authority. (a) which purports to bear the signature of any person holding a public office; and (b) which bears a seal or stamp purporting to be a seal or stamp of the department, office or institution to which such person is attached, shall, upon the mere production thereof at criminal proceedings, be prima facie proof that such person signed such document. (1) Any court may in respect of any article, other than a document, which any party to criminal proceedings may wish to produce to the court as admissible evidence at such proceedings, permit such party to produce as evidence, in lieu of such article, any photograph thereof, notwithstanding that such article is available and can be produced in evidence. (2) The court may, notwithstanding the admission under subsection (1) of the photograph of any article, on good cause require the production of the article in question. (1) Whenever any book or other document is of such a public nature as to be admissible in evidence upon its mere production from proper custody, any copy thereof or extract therefrom shall be admissible in evidence at criminal proceedings if it is proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted. (2) Such officer shall furnish such certified copy or extract to any person applying therefor, upon payment of an amount in accordance with the tariff of fees prescribed by or under any law or, if no such tariff has been so prescribed, an amount in accordance with such tariff of fees as the Minister, in consultation with the Minister of Finance, may from time to time determine. (1) It shall, at criminal proceedings, be sufficient to prove an original official document which is in the custody or under the control of any State official by virtue of his office, if a copy thereof or an extract therefrom, certified as a true copy or extract by the head of the department concerned or by any State official authorized thereto by such head, is produced in evidence at such proceedings. (a) An original official document referred to in subsection (1), other than the record of judicial proceedings, may be produced at criminal proceedings only upon the order of the attorney-general. (b) It shall not be necessary for the head of the department concerned to appear in person to produce ail original document under paragraph (a), but such document may be produced by any person authorized thereto by such head. (3) Any official who, under subsection (1), certifies any copy or extract as true knowing that such copy or extract is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years. (1) It shall, at criminal proceedings, be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other officer or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such criminal proceedings, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded. (2) Any person who, under subsection (1), certifies any copy as true knowing that such copy is false, shall be guilty of an, offence and liable on conviction to imprisonment for a period not exceeding two years. (1) The entries in the accounting records of a bank, and any document which is in the possession of any bank and which refers to the said entries or to any business transaction of the bank, shall, upon the mere production at criminal proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges­ (a) that he is in the service of the bank in question; (b) that such accounting records or document is or has been the ordinary records or document of such bank; (c) that the said entries have been made in the usual and ordinary course of the business of such bank or the said document has been compiled, printed or obtained in the usual and ordinary course of the business of such bank; and (d) that such accounting records or document is in the custody or under the control of such bank, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document. (a) that he is in the service of the bank in question; (b) that he has examined the entry, accounting record or document in question; and (c) that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document. (3) Any party at the proceedings in question against whom evidence is adduced in terms of this section or against whom it is intended to adduce evidence in terms of this section, may, upon the order of the court before which the proceedings are pending, inspect the original of the document or entry in question and any accounting record in which such entry appears or of which such entry forms part, and such party may make copies of such document or entry, and the court shall, upon the application of the party concerned, adjourn the proceedings for the purpose of such inspection or the making of such copies. (4) No bank shall be compelled to produce any accounting record referred to in subsection (1) at any criminal proceedings, unless the court concerned orders that any such record be produced. ‘document’ includes a recording or transcribed computer printout produced by any mechanical or electronic device and any device by means of which information is recorded or stored; and (1) The entries in the accounting records of an institution in a state or territory outside the Republic which is similar to a bank in the Republic, and any document which is in the possession of such an institution and which refers to the said entries or to any business transaction of the institution, shall, upon the mere production at criminal proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges­ (a) that he is in the service of the institution in question; (b) that such accounting records or document are or were the ordinary records or document of the institution; (c) that the said entries have been made in the usual and ordinary course of the business of such institution; and (d) that such accounting records are or document is in the custody or under the control of such institution, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document. (a) that he is in the service of the institution in question; (b) that he has examined the entry, accounting record or document in question; and (c) that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document. (a) it is obtained in terms of an order of a competent court or on the authority of a competent government institution of the state or territory concerned, as the case may be; (b) it is authenticated in the manner prescribed in the rules of court for the authentication of documents executed outside the Republic; or (c) it is authenticated by a person, and in the manner, contemplated in section 8 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963). (4) The admissibility and evidentiary value of an affidavit contemplated in subsections (1) and (2) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic. (5) A court before which an affidavit contemplated in subsections (1) and (2) is placed may, in order to clarify obscurities in the said affidavit, on the request of a party to the proceedings order that a supplementary affidavit be submitted or that oral evidence be heard: Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard. ‘document’ includes a recording or transcribed computer printout produced by any mechanical or electronic device and any device by means of which information is recorded or stored; and (1) At criminal proceedings at which an accused is charged with bigamy, it shall, as soon as it is proved that a marriage ceremony, other than the ceremony relating to the alleged bigamous marriage, took place, within the Republic between the accused and another person, be presumed, unless the contrary is proved, that the marriage was on the date of the solemnization thereof lawful and binding. (2) At criminal proceedings at which an accused is charged with bigamy, it shall be presumed, unless the contrary is proved, that at the time of the solemnization of the alleged bigamous marriage there subsisted between the accused and another person a lawful and binding marriage – (a) if there is produced at such proceedings, in any case in which the marriage is alleged to have been solemnized within the Republic, an extract from the marriage register which purports – (i) to be a duplicate original or a copy of the marriage register relating to such marriage; and (ii) to be certified as such a duplicate original or such a copy by the person having the custody of such marriage register or by a registrar of marriages; (b) if there is produced at such proceedings, in any case in which the marriage is alleged to have been solemnized outside the Republic, a document which purports – (i) to be an extract from a marriage register kept according to law in the country where the marriage is alleged to have been solemnized; and (ii) to be certified as such an extract by the person having the custody of such register, if the signature of such person on the certificate is authenticated in accordance with any law of the Republic governing the authentication of documents executed outside the Republic. (3) At criminal proceedings at which an accused is charged with bigamy, evidence – (a) that shortly before the alleged bigamous marriage the accused had been cohabiting with the person to whom he is alleged to be lawfully married; (b) that the accused had been treating and recognizing such person as a spouse; and (c) of the performance of a marriage ceremony between the accused and such person, shall, as soon as the alleged bigamous marriage, wherever solemnized, has been proved, be prima facie proof that there was a lawful and binding marriage subsisting between the accused and such person at the time of the solemnization of the alleged bigamous marriage. (1) At criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007- (a) it shall be sufficient to prove that the person against whom or by whom the offence is alleged to have been committed, is reputed to be the lineal ascendant or descendant or the sister, brother, stepmother, stepfather, stepdaughter or stepson of the other party to the incest; (b) the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest. (2) Whenever the fact that any lawful and binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy. (1) At criminal proceedings at which an accused is charged with the killing of a newly-born child, such child shall be deemed to have been born alive if the child is proved to have breathed, whether or not the child had an independent circulation, and it shall not be necessary to prove that such child was, at the time of its death, entirely separated from the body of its mother. (2) At criminal proceedings at which an accused is charged with the concealment of the birth of a child, it shall not be necessary to prove whether the child died before or at or after birth. (1) At criminal proceedings at which an accused is charged with receiving stolen property which he knew to be stolen property, evidence may be given at any stage of the proceedings that the accused was, within the period of twelve months immediately preceding the date on which he first appeared in a magistrate’s court in respect of such charge, found in possession of other stolen property: Provided that no such evidence shall be given against the accused unless at least three days’ notice in writing has been given to him that it is intended to adduce such evidence against him. (2) The evidence referred to in subsection (1) may be taken into consideration for the purpose of proving that the accused knew that the property which forms the subject of the charge was stolen property. (3) Where the accused is proved to have received the property which is the subject of the charge, from a person under the age of eighteen years, he shall be presumed to have known at the time when he received such property that it was stolen property, unless it is proved – (a) that the accused was at that time under the age of twenty-one years; or (b) that the accused had good cause, other than the mere statement of the person from whom he received such property, to believe, and that he did believe, that such person had the right to dispose of such property.

...

Read More Read More

Studyguide for Criminal Evidence by Garland, Norman M.

Studyguide for Criminal Evidence by Garland, Norman M.

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 11.86 MB

Downloadable formats: PDF

As such, it does not formally shift the burden of proof from one party to another, as a true mandatory presumption does. Report No. 325 (2011) Law Reform Commission, Ireland, ‘Consultation Paper: Expert Evidence’, LRC CP 522008 Law Reform Commn., Report 89, ‘Managing Justice: A Review of the Federal Civil Justice System.’ Lord Woolf, Access to Justice: Final Report (The Stationery Office: London, 1996) New South Wales Law Reform Commission, Report No. 109 (2005), Expert Witnesses Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002 (ICC-ASP/1/3 and Corr.1), part II.

...

Read More Read More

Federal Rules of Evidence, With Selective Legislative

Federal Rules of Evidence, With Selective Legislative

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 8.54 MB

Downloadable formats: PDF

Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Attorney's Office for the Southern District of New York. (more) The divorce of procedure from substance manifests itself, for example, in guilty plea procedures. (I use the terms substance and substantive criminal law to distinguish the body of law that defines crimes from the procedures used to enforce them.

...

Read More Read More

Evidence Before the International Court of Justice

Evidence Before the International Court of Justice

Anna Riddell

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 7.46 MB

Downloadable formats: PDF

The defense was never informed about those reports. o In cases involving defendants Glen Woodall, William O'Dell Harris, and Gerald Wayne Davis (and his father), the perjured testimony of Fred Zain, a serologist then with the West Virginia State Police, was in large part responsible for the wrongful convictions that ensued. Additional mode of proof in criminal proceedings of previous conviction. Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls.

...

Read More Read More