Questions tagged [evidence]

For questions concerning evidence - including the handling of evidence, rejection or admittance of evidence in a court of law, and serving evidence in civil matters.

Filter by
Sorted by
Tagged with
0 votes
1 answer
66 views

Watching the series Anatomy of a Scandal; would a rape case on such minimal evidence make it to court in real life?

In the Netflix series, Anatomy of a Scandal, the protagonist James Whitehouse is being tried on a charge of rape by a former colleague and affair partner who says that Whitehouse raped her during a ...
user avatar
0 votes
4 answers
167 views

What happens if there are multiple suspects but not enough evidence to convict any of them?

For example, suppose there are two houses side-by-side. One day someone throws an incendiary device from one house to the other, causing a fire. The facts of the case are: There are four people in ...
user avatar
  • 1,877
-3 votes
3 answers
195 views

When is it ok to use tabloid news as evidence in court?

https://www.youtube.com/watch?v=cfLlAVFJZXg When is it ok to use tabloid news as evidence in court? Am I crazy, or this is irrelevant, full of hearsays and speculations therefore these tabloids ...
user avatar
  • 4,774
-5 votes
2 answers
217 views

Is it correct to ban me from a concert without providing necessary proof that I was engaged in harmful or threatening behaviour?

I received following email by a venue in London: "Hi there We are getting in touch as we are afraid we have had to refund your ticket for the event tonight. One of the artists performing has ...
user avatar
  • 111
0 votes
1 answer
23 views

In a legal evidence submission packet, what is common nomenclature for different types of articles?

For example one might have exhibit 1, exhibit 2, and so on, but also various witness statements. Are these statements themselves also exhibits? Where else can one find references of these sorts of ...
user avatar
  • 1,845
2 votes
1 answer
48 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 ...
user avatar
  • 21
0 votes
3 answers
217 views

Why was a dead body found in the back yard not enough evidence to hold Dorothea Puente?

In the case of Dorothea Puente, who murdered at least 7 people that were tenants at her house so she could continue collecting their social security benefits, why was the discovery of a dead body ...
user avatar
  • 1,521
4 votes
1 answer
94 views

Is it legal to install hidden cameras in a public place within the UK?

In recent years, fly-tipping (dumping domestic/business waste) has become quite prevalent in a number of spots around my area. The local authority has erected numerous very visible signs, warning fly-...
user avatar
1 vote
2 answers
129 views

What happens if someone provides evidence in court without the knowledge of the judge?

It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions: What happens if an official shows evidence that the judge hadn't ...
user avatar
2 votes
1 answer
96 views

Consequences of introducing inadmissible evidence to the judge and jury

Evidence may be inadmissible, but that doesn't necessarily mean it will be ineffectual in its influence of the jury, and the judge. For example, evidence proving a horrendous crime done by the accused,...
user avatar
14 votes
3 answers
3k views

Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

Consider the following scenario: a person consents to giving some evidence to aid the investigation or prosecution of a criminal,with the reasonable, good-faith assumption that the use of that ...
user avatar
  • 277
9 votes
5 answers
8k views

Can a witness be ignorant about a question asked to him in court?

Is it acceptable for a witness to give an answer to a question posed to him/her in court as I dont know or I'm uncertain? This is not a refusal to testify it is just a lack of knowledge. Does the ...
user avatar
  • 2,362
8 votes
6 answers
2k views

Legal/jurisprudential term to refer to any evidence that can be interpreted either way

Some time back, I had read a specific phrase used to refer to situations where some "evidence" can be interpreted either way. For example: Person A dies in a hospital and a syringe is found ...
user avatar
0 votes
2 answers
63 views

Bayes' Theorem follow up question

I posted this question the other day, and I was wondering if there is any literature or guiding principles on using Bayesian Analysis to determine the reliability of forensic evidence or other ways ...
user avatar
  • 171
6 votes
3 answers
1k views

Applying Bayes' Theorem to law and forensic evidence

I realise that every scenario is unique, but are there are guiding principles forensics investigators use to estimate the prior probability of guilt of a person (P(G)) when using Bayes' Theorem to ...
user avatar
  • 171
1 vote
1 answer
77 views

Projectors, White Boards & Electronic devices in judicial courts

Are Projectors, White boards and other electronic devices viz Monitor screens, Laptops,Scanners, Recording & Playback devices etc available or allowed in courts? As a example, the lawyer of either ...
user avatar
0 votes
3 answers
126 views

Is taking a screenshot or photograph of e.g. a third person's ebay's account as evidence legal?

Alice and Bob live in a flat together. Bob mentions to Alice, that he is buying and reselling merchandise but not reporting it to the tax office, because he does not want to register a business. One ...
user avatar
6 votes
2 answers
3k views

Is there any way to save a Facebook post as a third-party evidence in court?

Is there any way to save a Facebook post as third-party evidence to use in the court room? I need an authentic way of saving it, where the judge and juries will not cast question on the saving ...
user avatar
  • 185
-4 votes
2 answers
103 views

Dealing with expert opinions

Every Economist who is consistent with their discipline subscribes to the subjective theory of value; how does a Judge who wants to be consistent with Economics and coincidentally also is a B.A in ...
user avatar
0 votes
1 answer
59 views

Validity of Proofs, and what is terated as a Proof? [closed]

If a product delivery from an e-commerce company was canceled due to their own logistic issues. Later their chat system which is an automated bot confirms the product cancellation and refund date. Yet ...
user avatar
3 votes
2 answers
282 views

Why was the video evidence heavily debated in the Kyle Rittenhouse case?

During the Kyle Rittenhouse Trail, on days 6 and 8, questions were raised about the program used to enhance the video evidence. The program, Amped FIVE, was used for the drone footage. To do this, ...
user avatar
3 votes
1 answer
136 views

Are citizen-recorded videos catalogued as evidence by the police exempt from public records requests?

Presuming videos recorded in public, are such videos generally open to public inspection? If not, are such videos open to public inspection in non-criminal proceedings, for e.g. in traffic ...
user avatar
  • 2,601
2 votes
2 answers
141 views

Is it true that you shouldn't publish evidence that you intend to use in court?

I've heard in a few places that you shouldn't make public pieces of evidence that you plan to use later to support a case against some person/entity. But I'd like to ask if this is actually true and ...
user avatar
6 votes
3 answers
2k views

Obtaining information that requires a court order but before to going to the court?

I'm struggling with the following dilemma. Some information is not accessible without a court order, for example, some data stored in Apple / Google / Facebook servers. Going to the court directly is ...
user avatar
0 votes
1 answer
56 views

Attorney Client Privilege: Disclosure within Evidence

Florida Statues Provides A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of ...
user avatar
  • 5,296
3 votes
2 answers
211 views

Almost stabbed to death, what tools do the detective squad have to catch this guy?

I was attacked a few days ago and was almost stabbed to death. The suspect got away, as the first squad car came. Fueled by adrenaline, I sprinted towards the first squad car to get their attention ...
user avatar
9 votes
2 answers
1k views

Is propensity evidence ever allowed as circumstantial evidence?

I, being a non-expert in any country's/state's law, was somewhat surprised when it was said that propensity evidence isn't, in Wisconsin, legal evidence; see between 5.57 - 8.15 in this video about ...
user avatar
1 vote
0 answers
84 views

Was the withholding of high-quality drone footage a Brady violation?

In the Kyle Rittenhouse trial, the defence filed a motion for a mistrial during jury deliberations. One of the grounds for a mistrial, they argued, was that a low-resolution recording of the drone ...
user avatar
  • 835
1 vote
0 answers
121 views

What happens to Kyle Rittenhouse's AR-15 now?

It is my understanding, that the rifle was taken away from the accused, and that it was part of the evidence used during trial by the prosecution. However, now that the trial is over and the man is ...
user avatar
3 votes
2 answers
254 views

When gun used to kill in self defense and the gun is taken as evidence, can you get it back?

Scenario: John Doe uses a gun to kill a criminal in self defense. That gun, the one used, is taken as evidence by law enforcement so it can be investigated and/or used trial or for whatever reasons ...
user avatar
  • 339
1 vote
1 answer
90 views

May an invocation of spousal privilege support an adverse inference?

A sues B. At trial, B asks A about statements he made to his wife. A objects, invoking the spousal communications privilege. The court sustains the objection, so the statements do not come in. B then ...
user avatar
  • 43.3k
5 votes
1 answer
132 views

Can you de-identify a lawfully recorded audio-only call to lodge with the court and offer into evidence?

Bob, while providing lawful notice of call recording by beep-tone warning notification, records calls with a company that does not record calls where it ordinarily conveys information that exposes it ...
user avatar
  • 89
0 votes
1 answer
72 views

What standard of evidence must be met for afffirmative defenses, and for exceptions to affirmative defenses?

In the ongoing Rittenhouse trial, my understanding is that the defense is raising an affirmative defense of self-defense (i.e., ceding that Rittenhouse killed Rosenbaum and Huber, and attempted to ...
user avatar
2 votes
1 answer
171 views

Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?

In the heated exchange between the judge and prosecutor (see 2nd video here) in the Rittenhouse trial, the judge says that he admitted "90404" evidence in other trials that the defendant was ...
user avatar
  • 2,694
2 votes
1 answer
96 views

US equivalent of "no case to answer" before trial

At least in New Zealand and the United Kingdom, criminal defence can make a "no case to answer" application before trial (they can also make one at the close of the prosecution's case during ...
user avatar
  • 19.9k
-1 votes
4 answers
524 views

Do undercover/plainclothed police (ever?) wear bodycams? Or be required to be on CCTV?

Is it another question or part of asking this, but are undercover/plainclothed police (ever?) required to be on CCTV? Some of these people are very talkative, verbal, expressive, often cursing/...
user avatar
1 vote
3 answers
125 views

Usability of AI-based Evidence

I'm a computer forensics graduate student doing research in blockchain currency (e.g. Bitcoin) forensics. I'm wondering if there are any rulings or decisions regarding the usability and admissibility ...
user avatar
  • 21
-1 votes
2 answers
103 views

How, and under what circumstances would the introduction of "sociological" evidence be allowed in a courtroom?

A female founder of a bankrupt healthcare company is being tried for fraud. Her defense team foreshadowed its intention to blame her actions on her former male partner, for things like "domestic ...
user avatar
  • 6,120
3 votes
1 answer
241 views

Can a divorced man win a downward modification of alimony and/or child support if he were tricked into a marriage by a child that wasn't his?

A man and a woman are dating, and the woman gets pregnant. The woman pushes the man into a marriage before the birth of the child, claiming that the child was his. A year or two later, he finds out ...
user avatar
  • 6,120
9 votes
3 answers
2k views

How do prosecutors prepare to cross-examine defendants?

Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still ...
user avatar
  • 19.9k
1 vote
2 answers
94 views

Age of Evidence

Country: India I know that there is the statute of limitation for getting legal remedy in a case. But what if there is a recent case but the evidence for it belongs to a previous time? e.g., let us ...
user avatar
  • 11
2 votes
1 answer
136 views

Can we presents Secret recordings as proof to the police?

I recorded a call from my former roommate Who claims that I caused him to lose his deposit and he wants me to give it back (he apparently did some damage to the room we used to live in, and somehow ...
user avatar
0 votes
2 answers
178 views

Can you be charged if police say you sold drugs to a person with no video of the sale [closed]

Can an individual be charged with selling an illegal substance if they are not in possession and/or have not received money for an illegal substance? Is video evidence required for such charges?
user avatar
10 votes
3 answers
5k views

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

In a Civil Trial, how do courts handle scenarios when evidences presented are denied (by plaintiff/defendent) as forged, tampered, or claims that 'I did not sign it' or 'That is not me'?
user avatar
  • 1,441
0 votes
2 answers
99 views

How useful a lead detective will be as a murder witness in a trial inside of the courtroom?

In my opinion, not so much. I haven't got much experience with the US justice system, but everything the detective learns is hearsay, so (s)he can't tell the jury what witness so-and-so says. (S)he ...
user avatar
1 vote
1 answer
87 views

Can the court consider a child testimony as an evidence even when the interviewer used leading questions?

Can the court consider a child testimony as an evidence even when the interviewer used leading questions? I am wondering if there's any law that force the court to reject child testimony if the ...
user avatar
  • 4,774
4 votes
1 answer
2k views

Notice of uncontroverted facts in criminal trials

Section 128 of the New Zealand Evidence Act 2006: (1) A Judge or jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that ...
user avatar
  • 19.9k
0 votes
1 answer
93 views

Does a court have to accept evidence produced by another country if it becomes available during a trial?

Does a court have to accept evidence produced by another country if it becomes available during a trial? Let's say one trial in the U.S. starts after 1 year another country produces evidence that show ...
user avatar
  • 4,774
1 vote
3 answers
111 views

Family sue police over existence of body camera footage

The media indicates: https://abcnews.go.com/US/lawyers-breonna-taylors-family-sue-police-existence-body/story?id=78753109&cid=clicksource_4380645_1_heads_hero_live_hero_hed The lawsuit, filed in ...
user avatar
  • 5,296
24 votes
6 answers
6k views

Why is the defendant presumed guilty in traffic court?

This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should ...
user avatar

1
2 3 4 5