Illinois Evidence Courtoom Manual

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An oral adversarial system assumes that a defendant—and in some cases, the prosecution—will have the right to appeal if the court considered unlawfully admitted evidence or misapplied the law. Under the current law, secret warrants are legal, but that’s only because the law is outdated. Applied Psychol. 1427, 1430 (2007), http://internal.psychology.illinois.edu/~broberts/Roberts,%20Harms,%20Caspi,%20&%20Moffitt,%202007.pdf (finding that in a study of New Zealand residents from birth to age 26, "[a]dolescent criminal convictions were unrelated to committing counterproductive activities at work [such as tardiness, absenteeism, disciplinary problems, etc.].

Legal Evidence and Proof: Statistics, Stories, Logic

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The Integrity of Criminal Process: From Theory into Practice Hart/Bloomsbury. Any document, including any newspaper, periodical, book, pamphlet, letter, circular letter, list, record, placard or poster, on the face whereof it appears that a person of a name corresponding to that of an accused person has at any particular time been outside the Republic or has at any particular time made any statement outside the Republic, shall, upon the mere production thereof by the prosecution at criminal proceedings, be prima facie proof that the accused was outside the Republic at such time or, as the case may be, that the accused made such statement outside the Republic at such time, if such document is accompanied by a certificate, purporting to have been signed by the Secretary for Foreign Affairs, to the effect that he is satisfied that such document is of foreign origin. (1) If an act or an omission constitutes an offence only when committed by a person possessing a particular qualification or quality, or vested with a particular authority or acting in a particular capacity, an accused charged with such an offence upon a charge alleging that he possessed such qualification or quality or was vested with such authority or was acting in such capacity, shall, at criminal proceedings, be deemed to have possessed such qualification or quality or to have been vested with such authority or to have been acting in such capacity at the time of the commission of the offence, unless such allegation is at any time during the criminal proceedings expressly denied by the accused or is disproved. (2) If such allegation is denied or evidence is led to disprove it after the prosecution has closed its case, the prosecution may adduce any evidence and submit any argument in support of the allegation as if it had not closed its case.

Introduction to Criminal Evidence and Court Procedure

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Dahmer murdered at least seventeen people, engaged in cannibalism, and was a necrofile. Rather, where feasible, we must start to bring practice into harmony with those ideals. Generally the child may then be cross-examined and re-examined in the usual way in the witness box: s. 11. (a) The videotape evidence of a Crown witness should not become an exhibit and, therefore, should not be sent with the exhibits to the jury on retirement; (b) Any transcript given to the jury under s 15A should be recovered from the jury after evidence of the witness has been completed; (c) It is for the discretion of the trial judge how a jury request to be reminded of the evidence in chief of the witness should be addressed; (d) It would be inappropriate for the judge to question the jury as to the purpose for which they wish to have the tape replayed. (e) If the tape is to be replayed or the transcript of the tape provided to the jury, the judge should caution the jury about their approach to that evidence when the tape is being replayed to them or the transcript of the tape returned to them in terms to the effect that “because they are hearing the evidence in chief of the complainant repeated a second time and well after all the other evidence, they should guard against the risk of giving it disproportionate weight simply for that reason and should bear well in mind the other evidence in the case”; (f) The judge should consider whether the jury should be reminded of any other evidence, for example the cross-examination of the witness at the time that the tape is replayed or sent to the jury room, if that step is considered to be appropriate.

The Testimony of the Evangelists, Examined by the Rules of

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For example, if you are a parent, you are legally obligated to provide things like food and shelter for your minor children. Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence shall be seized. Ronnie Bullock was convicted of aggravated criminal sexual assault by a Cook County jury in May 1984. A Multi-Agency Protocol for Care and Investigation, The Report of a Working Group Convened by The Royal College of Pathologists and The Royal College of Paediatrics and Child Health, September 2004 available at www.rcpath.org and www.rcpch.ac.uk /opt/scribd/conversion/tmp/scratch8/24455536.doc 14

The New Wigmore: A Treatise on Evidence

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If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial. (a) Examining Witness Concerning Prior Statement. The weapon, in the dream, was long and thin; the actual weapon was a tire iron. 4.

New Developments in Evidentiary Law in California: Leading

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Add tags for "Colorado revised statutes pertaining to criminal law: with rules of criminal procedure and rules of evidence.". The obligation stated in this section continues after the employment has ceased. On the night of February 1, 1986, when the victim was walking home from a bus station, a man came behind her, held a knife to her throat, and forced her to a grassy area near a highway overpass. Sep 16, 2013. 92% of AAML divorce attorneys cited an increase in cases using evidence taken from smart.

Strategic use of scientific evidence (Kluwer evidence

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The additional element of danger makes criminal defendants possess more rights and protections than civil defendants. This may partially explain why only one-third of the American public expresses confidence in the criminal justice system and why two-thirds think plea bargaining is a problem. 95 Because there are no published poll data on Alford and nolo contendere pleas, I conducted my own poll of law students. 62% of respondents doubted the fairness of hypothetical nolo contendere convictions, and 78% doubted the fairness of hypothetical Alford convictions.

Handbook of Evidence for Criminal Trials

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PP [1956] 1 WLR 965, where Lord Radcliff held that “[i]t is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. This suggests a person could be convicted of sexual assault without physically touching the victim if they make a threat of sexual assault (for instance, "I'm going to rape you"). The People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

A Student's Guide to Hearsay: 1999 (Student Guide Series)

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If a judgment of acquittal is not requested, or if the request is denied, the defense may present evidence for its side of the case. Proudlock, [1979] 1 SCR 525 at para. 6 Circumstantial evidence is evidence that is put forward to establish a fact that can be used to suggest an inference that other facts exist that would resolve a matter at issue. It may be said to be the state of mind of a person who says to himself: "I cannot say I know for certain that [the circumstance exists] but there can be no other reasonable conclusion in the light of all the circumstances, in the light of all that I have heard and seen".’ In Moys [1984] 79 Cr Ap R72, the court suggested simply that the question whether D knew or believed that the prescribed circumstance existed is a subjective one, and that suspicion, even coupled with the fact that D shut his eyes to the circumstances, is not enough.

Tait's Handbook of Connecticut Evidence

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Success, however, will require major capital expenditures, for to relabel a “prison” a “hospital” makes no major difference so far as the average inmate is concerned. The expression "general custom or right" includes customs or rights common to any considerable class of persons. The court reviews the complaint to determine whether there is sufficient legal basis to hold the person in custody. Sec. 1 amended by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 7, eff.