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Questions tagged [admissibility]

The concept in the law of evidence that determines whether or not evidence can be received by the court. The evidence must first be relevant, but even relevant evidence will be tested for its admissibility.

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Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?

I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
Elias e.'s user avatar
1 vote
2 answers
1k views

Is privilege often misused to mean confidential?

It seems to me that these two terms may be completely different and yet they often seem to be used in an interchangeable and anyway an overlapping manner. Under data protection laws, data controllers ...
TylerDurden's user avatar
1 vote
0 answers
86 views

Is McGee v State of Indiana 131.2 cited in The Verdict a complete fiction?

In the 1982 movie The Verdict (and, possibly, in the original novel as well), the respondent's lawyer cites "McGee v State of Indiana, United States 131.2" (at 1:57:10): The admission of a ...
Greendrake's user avatar
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2 answers
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Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?

If I am accused of drunk and disorderly conducts and my alibi/defence is that I am a teetotaller since the last 10 years and even before that only seldom and very lightly drank, this makes it very ...
TylerDurden's user avatar
1 vote
1 answer
85 views

Are evidentiary rules concerning admissibility of observations about a complainant’s habits or character against fundamental rights/precepts?

In many jurisdictions, the criminal standard of proof is, subject to Blackstone’s ratio, “beyond a reasonable doubt.” Yet some rules such as s276, Canadian Criminal Code, state, simply and plainly, ...
TylerDurden's user avatar
4 votes
1 answer
228 views

Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?

I was taking an MBE Prep Test for the hell of it, and I found this question's answer to be controversial. "Several persons together stole a painting from an art museum. One of them, who was the ...
froggo_doggo's user avatar
-1 votes
2 answers
38 views

Questions regarding lack of evidence/reasoning for initial interaction with law enforcement and how that affects any infraction discovered thereafter [closed]

State: UT County: Salt Lake County People: Man#1=Protagonist Woman#1=WitnessOne (Life Partner) Woman#2=WitnessTwo (Friend) Woman#3=Antagonist (Fellow employee) Employer=HotelChain Events: During a ...
Jake Baldwin's user avatar
2 votes
0 answers
39 views

Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court? [duplicate]

If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's ...
NerdyDeeds's user avatar
25 votes
2 answers
6k views

Can a private person deceive a defendant to obtain evidence?

In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and ...
KeizerHarm's user avatar
11 votes
1 answer
796 views

Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob ...
Greendrake's user avatar
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7 votes
2 answers
2k views

Self-incriminating statements carry weight of proof

If someone is recorded confessing to a crime, can the recording serve as evidence solely because it contains the self-incriminating statement? Putting as an example: Carlos had his wallet stolen. In a ...
Brit's user avatar
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3 votes
1 answer
919 views

Admitting to a misdemeanor crime on an "official" police application

When someone wants to apply to become a police officer, one question on the form is whether or not they have committed a crime or were present when a crime was committed. If they say yes and detail ...
wildlefty's user avatar
25 votes
10 answers
8k views

Why can courts refuse evidence?

The question Layman here. This question was inspired by this question and random things I've heard/read over the years. I'm quite confused by a concept that comes up again and again and which people ...
Vilx-'s user avatar
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2 votes
2 answers
568 views

secretly recording a murder confession

Let's say you had an opportunity to secretly record an acquaintance confessing to a murder decades prior. Can/would it be used by police/courts? Are there certain things about the recording that would ...
SWIM's user avatar
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3 votes
1 answer
87 views

First criminal court trial with DNA evidence Idaho

I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction? The only thing I found is the following but the defendant pleaded guilty in ...
MJB's user avatar
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4 votes
4 answers
450 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
user110391's user avatar
2 votes
1 answer
297 views

Admissibility of covert recordings in English criminal proceedings

Jurisdiction: England and Wales In this case, a man (M) raped the complainant (C). M and C have each other's contacts. The day after the event, C calls M and wiretaps him (i.e. without M's consent or ...
BakedAlaska624's user avatar
4 votes
1 answer
443 views

US exclusionary rule - are there limits?

Inspired by this question related to admissibility of evidence obtained from an unlawful search and seizure: At an unlawful traffic stop, police searches the car and find the weapon used in a recent ...
Patrick87's user avatar
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19 votes
3 answers
6k views

At an unlawful traffic stop, police searches the car and find the weapon used in a recent murder

Say that a murder was committed. Some time after, without any justifiable reason (perhaps on a hunch, or just by coincidence), a police officer stops a car, unlawfully searches it and stumbles upon ...
a20's user avatar
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0 votes
1 answer
126 views

How to do court admissible DNA testing when both parties live far apart?

Suppose two people are located in the United States and they wish to prove they are related through DNA testing. They want the test results to be admissible in court so they must use certified labs ...
user4574's user avatar
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0 answers
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Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
Tamás Polgár's user avatar
1 vote
1 answer
62 views

Admissibility of Police Notes in Maryland

In the state of Maryland, an insurance company is denying the notes of a police officer regarding who is at fault for a car crash. His notes are being denied by the company on the grounds that he did ...
David Robie's user avatar
2 votes
1 answer
293 views

Can improperly gathered evidence be used to exonerate someone?

There are many rules governing whether or not a particular piece of evidence can be introduced at trial. Often, these rules are applied to prevent the prosecution from introducing evidence. Do the ...
Him's user avatar
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4 votes
1 answer
153 views

What will a judge do if a witness refers to an event previously stricken from the record? (USA)

Some context. Suppose the prosecutor enters into evidence body camera footage from a police officer. On the tape, the suspect makes a lewd remark, and another officer offers a witty comeback. The jury ...
GridAlien's user avatar
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