Evidence: Cases and Materials (University Casebook Series)

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Presumably these claims – if proved – would tend to show that Oscar has a ‘bad character’. Our client was on the scene when Pembroke Pines Police responded to a multi-car accident. An example is evidence that impeaches the prosecution's witnesses or otherwise weakens its case. Guest merely amounts to this, that if a litigant wants to prove a particular document which by reason of privilege or some circumstances he cannot furnish by the production of the original, he may produce a copy as secondary evidence although that copy has been obtained by improper means, and even, it may be, by criminal means.

The Police and Criminal Evidence Act, 1984

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Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners. The court cannot make this determination until the person has completed at least one year in CONREP. Harris brief— that a defendant's reasonable expectation of privacy under the Fourth Amendment in his or her social media records depends on the privacy settings for the particular account in question—were implicated in United States v.

Substance Abuse Treatment for Criminal Offenders An Evidence

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Positive Legal Moralists hold that immorality is a good reason for criminalization—not necessarily that it creates a presumption in favour of criminalization, but that it provides a reason that should carry some weight in our deliberations (see Feinberg 1984: 27; 1988: 324). One of the pieces of evidence against the Defendant was a videotape of an apartment building lobby showing the brother with someone else moments before the shooting. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.

Casenote Legal Briefs: Evidence: Keyed to Sklansky's

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Given that especially in the US real time coverage of such events compounds the gratification that the murder may or may not get from the notoriety that allows them to prolong the event therefore causing more suffering to family and loved ones of the victims. In civil cases the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. For many years, most liberal arts educational institutions around the world required at least one course in classical rhetoric. 99David M.

Federal & California Evidence Rules 2009 Statutory

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However, if the information was caught it was irrelevant that it had other purposes. Conspirators are two or more people who agree to commit a crime. (The distinction between accomplices and conspirators is that the former are “helpers,” while each conspirator is a principal.) Conspiracy is a controversial crime, in part because conspirators can be guilty even if the crime that they agree to commit never occurs. The Court found that the instruction violated the Winship doctrine, as it essentially shifted to the defendant the burden of disproving an element of the offense – that the homicide was not “unlawful” as defined in the statute.

Evidence Under the Rules

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D., from the University of Southern Mississippi. Where the witness is relying too much on the notes for their testimony there is a likelihood that they are not testifying to their memory and are simply reciting their notes. [4] While as a general rule the document being used to revive the memory should be disclosed to the other side, this is not necessary in the case of a statement generated by the accused. Where an accused in criminal proceedings refuses to plead to any charge, the court shall record a plea of not guilty on behalf of the accused, and a plea so recorded shall have the same effect as if it had been actually pleaded. (a) after the accused has pleaded a plea of guilty or of not guilty; or (b) where the accused has pleaded any other plea and the court has determined such plea against the accused, appears that the court in question does not have jurisdiction, the court shall for the purposes of this Act be deemed to have jurisdiction in respect of the offence in question. (2) Where an accused pleads that the court in question has no jurisdiction and the plea is upheld, the court shall adjourn the case to the court having jurisdiction. (1) Notwithstanding any other law, any South African citizen who commits an offence outside the area of jurisdiction of the courts of the Republic and who cannot be prosecuted by the courts of the country in which the offence was committed, due to the fact that the person is immune from prosecution as a result of the operation of the provisions of- (a) the Convention on the Privileges and Immunities of the United Nations, 1946; (b) the Convention on the Privileges and Immunities of the Specialised Agencies, 1947; (c) the Vienna Convention on Diplomatic Relations, 1961; (d) the Vienna Convention on Consular Relations, 1963; or (e) any other international convention, treaty or any agreement between the Republic and any other country or international organisation, and that person is found within the area of jurisdiction of any court in the Republic which would have had jurisdiction to try the offence if it had been committed within its area of jurisdiction, that court shall, subject to subsection (2), have jurisdiction to try that offence. (a) the offence is an offence under the laws of the Republic; and (b) the National Director of Public Prosecutions instructs that a prosecution be instituted against the person. (3) At the conclusion of the trial against a person under this section, a copy of the proceedings, certified by the clerk of the court or registrar, together with any remarks as the prosecutor may wish to append thereto, must be submitted to the Minister of Foreign Affairs. (a) The direction of the National Director of Public Prosecutions contemplated in section 179(1)(a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), shall state the name of the accused, the relevant offence, the place at which (if known) and the Director in whose area of jurisdiction the relevant investigation and criminal proceedings shall be conducted and commenced. (b) A copy of the direction shall be served on the accused, and the original thereof shall, save as is provided in subsection (3) be handed in at the court in which the proceedings are to commence. (2) The court in which the proceedings commence shall have jurisdiction to act with regard to the offence in question as if the offence had been committed within the area of jurisdiction of such court. (3) Where the National Director issues a direction contemplated in subsection (1) after an accused has already appeared in a court, the original of such direction shall be handed in at the relevant proceedings and attached to the record of the proceedings, and the court in question shall – (a) cause the accused to be brought before it, and when the accused is before it, adjourn the proceedings to a time and a date and to the court designated by the Director in whose area of jurisdiction the said criminal proceedings shall commence, whereupon such time and date and court shall be deemed to be the time and date and court appointed for the trial of the accused or to which the proceedings pending against the accused are adjourned; (b) forward a copy of the record of the proceedings to the court in which the accused is to appear, and that court shall receive such copy and continue with the proceedings against the accused as if such proceedings had commenced before it. (1) Where an accused at a summary trial in any court pleads guilty to the offence charged, or to an offence of which he may be convicted on the charge and the prosecutor accepts that plea – (a) the presiding judge, regional magistrate or magistrate may, if he or she is of the opinion that the offence does not merit punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette, convict the accused in respect of the offence to which he or she has pleaded guilty on his or her plea of guilty only and – (i) impose any competent sentence, other than imprisonment or any other form of detention without the option of a fine or a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette; or (ii) deal with the accused otherwise in accordance with law; (b) the presiding judge, regional magistrate or magistrate shall, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette, or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether he or she admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence. (2) If an accused or his legal adviser hands a written statement by the accused into court, in which the accused sets out the facts which he admits and on which he has pleaded guilty, the court may, in lieu of questioning the accused under subsection (1)(b), convict the accused on the strength of such statement and sentence him as provided in the said subsection if the court is satisfied that the accused is guilty of the offence to which he has pleaded guilty: Provided that the court may in its discretion put any question to the accused in order to clarify any matter raised in the statement. (3) Nothing in this section shall prevent the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence. (1) If the court at any stage of the proceedings under section 112(1)(a) or (b) or 112(2) and before sentence is passed is in doubt whether the accused is in law guilty of the offence to which he or she has pleaded guilty or if it is alleged or appears to the court that the accused does not admit an allegation in the charge or that the accused has incorrectly admitted any such allegation or that the accused has a valid defence to the charge or if the court is of the opinion for any other reason that the accused’s plea of guilty should not stand, the court shall record a plea of not guilty and require the prosecutor to proceed with the prosecution: Provided that any allegation, other than an allegation referred to above, admitted by the accused up to the stage at which the court records a plea of not guilty, shall stand as proof in any court of such allegation. (2) If the court records a plea of not guilty under subsection (1) before any evidence has been led, the prosecution shall proceed on the original charge laid against the accused, unless the prosecutor explicitly indicates otherwise. (1) If a magistrate’s court, after conviction following on a plea of guilty but before sentence, is of the opinion – (a) that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate’s court; (b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a magistrate’s court; or the court shall stop the proceedings and commit the accused for sentence by a regional court having jurisdiction. (2) Where an accused is committed under subsection (1) for sentence by a regional court, the record of the proceedings in the magistrate’s court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court, and the plea of guilty and any admission by the accused shall stand unless the accused satisfies the court that such plea or such admission was incorrectly recorded. (i) is satisfied that a plea of guilty or an admission by the accused which is material to his guilt was incorrectly recorded; or (ii) is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence, the court shall make a formal finding of guilty and sentence the accused. (b) If the court is satisfied that a plea of guilty or any admission by the accused which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence or that he has no valid defence to the charge, the court shall enter a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that any admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted. (4) The provisions of section 112(3) shall apply with reference to the proceedings under this section. (1) Where an accused at a summary trial pleads not guilty to the offence charged, the presiding judge, regional magistrate or magistrate, as the case may be, may ask him whether he wishes to make a statement indicating the basis of his defence. (a) Where the accused does not make a statement under subsection (1) or does so and it is not clear from the statement to what extent he denies or admits the issues raised by the plea, the court may question the accused in order to establish which allegations in the charge are in dispute. (b) The court may in its discretion put any question to the accused in order to clarify any matter raised under subsection (1) or this subsection, and shall enquire from the accused whether an allegation which is not placed in issue by the plea of not guilty, may be recorded as an admission by the accused of that allegation, and if the accused so consents, such admission shall be recorded and shall be deemed to be an admission under section 220. (3) Where the legal adviser of an accused on behalf of the accused replies, whether in writing or orally, to any question by the court under this section, the accused shall be required by the court to declare whether he confirms such reply or not. (1) Where an accused pleads not guilty in a magistrate’s court, the court shall, subject to the provisions of section 115, at the request of the prosecutor made before any evidence is tendered, refer the accused for trial to a regional court having jurisdiction. (2) The record of the proceedings in the magistrate’s court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court. (1) If a magistrate’s court, after conviction following on a plea of not guilty but before sentence, is of the opinion – (a) that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate’s court; (b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a magistrate’s court; or the court shall stop the proceedings and commit the accused for sentence by a regional court having jurisdiction. (2) The record of the proceedings in the magistrate’s court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court. (a) The regional court shall, after considering the record of the proceedings in the magistrate’s court, sentence the accused, and the judgment of the magistrate’s court shall stand for this purpose and be sufficient for the regional court to pass any competent sentence: Provided that if the regional magistrate is of the opinion that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice he or she may request the presiding officer in the magistrate’s court to provide him or her with the reasons for the conviction and if, after considering such reasons, the regional magistrate is satisfied that the proceedings are in accordance with justice he or she may sentence the accused, but if he or she remains of the opinion that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice he or she shall, without sentencing the accused, record the reasons for his or her opinion and transmit such reasons and the reasons of the presiding officer of the magistrate’s court, together with the record of the proceedings in the magistrate’s court, to the registrar of the provincial division having jurisdiction, and such registrar shall, as soon as possible, lay the same in chambers before a judge who shall have the same powers in respect of such proceedings as if the record thereof had been laid before him or her under section 303. (b) If a regional magistrate acts under the proviso to paragraph (a), he shall inform the accused accordingly and postpone the case to some future date pending the outcome of the review proceedings, and, if the accused is in custody, the regional magistrate may make such order with regard to the detention or release of the accused as he may deem fit.

Evidence (Essential)

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Facts contained in records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law. (10) Absence of Public Record or Entry. If you are charged with a crime you will be given a form telling you when and where you must make your first court appearance. Congress tried to overrule Miranda by § 3501. Last updated to include amendments as of April 15, 2016.

Evidence Taken by Special Committee to Whom Was Referred

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However, in Poh Kay Keong, Yong CJ held that s.24 EA should be given a purposive construction, such that “an inducement, threat or promise has reference to the charge against the accused person if it was made to obtain a confession relevant or relating to the charge in question”. The man placed a pillow over her head and sexually assaulted her. If an order is not followed, there can be legal consequences for the person who failed to follow the order, such a being charged with an offence.

Legalines: Civil Procedure (Adaptable to Fifth Edition of

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If Olson had entered an Alford plea and never admitted guilt, it would have been wrong to punish her despite her protestations of innocence without an authoritative trial verdict. In short, just as DNA testing, the most important technological breakthrough of twentieth century forensic science, demonstrates that the problem of wrongful convictions in America is systemic and serious, Congress and the President, in our view, have eviscerated the "great writ" that for two centuries provided relief to those who were unjustly convicted.

Police Officer Personnel Records Privileges in Civil Cases:

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The Criminal Practice Division assists local court staff to address backlogs if they should occur. Implications for additional research and the need for future analysis and replication are discussed. As the testimony of a witness becomes more important, thus increasing the conviction’s prejudicial effect, his credibility typically becomes more central, thus increasing the probative value of the conviction. The drug is admissible in evidence, because the search was conducted by a private security guard.