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.
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When does silence imply consent?
Does the saying qui tacet consentire videtur (silence implies consent) carry any weight in civil litigation?
For example, suppose that Alice emails Bob, "When I began work we agreed that the rate ...
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Do data protection officers typically have any actual incentive to integrity in their performance of statutory duty?
Meet Bob. Bob was brutally assaulted by store security in a big corporate chain store.
Bob would like to obtain evidence of the same and thus submits a gdpr subject access request to the central head ...
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How is a judge to evaluate a witness's credibility?
How is a judge to evaluate a witness's credibility?
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How do cycle theft insurance policies ascertain compliance with their locking policy?
Some insurers will cover bicycle theft if it was stolen despite your securing it with a method that fulfills their policy requirements. But how might they typically prove whether you secured it in ...
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What factors determine whether an assault will be vigorously looked into pursued and charged by the police or not?
Meet Bob. He has filmed some thugs assaulting him by shoving, hitting, kicking at him and forcibly taking his phone away on the street until a passerby finally strongly urged him to give it back.
Bob ...
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Would proof of the convict being blackmailed into confession be enough to exonerate them in certain cases?
Imagine a convict who was blackmailed into confessing to a crime (this blackmail happens prior to the crime). Not only that, they were also blackmailed into doing certain incriminating actions, such ...
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When can one's phone be seized to retrieve video evidence taken on its camera?
Meet Bob. Bob was at a pub when a brawl broke out and when police attended he was still filming it including the arrests on his phone.
Meet Alice. Alice was at a protest when someone started accosting ...
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What happens during and after investigations into a false conviction?
I'm interested in the NY(C) jurisdiction.
So, the relevant people are convinced that a person might have been wrongfully convicted. So, an investigation starts, and it proves this. Then, the person is ...
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Preponderence of evidence, but not probable cause
In a recent incident in Florida, a police officer was fired due to accusations of sexual assault. In an interview, the chief of police said that the officer would not be charged, because there was &...
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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 ...
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Impeachment of Evidence
I don't know how to use impeachment of evidence. How is this used in court? If a motion in limine is used, what happens at the hearing for that motion? Does a judge need to see evidence of facts when ...
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Why is a witness evidentiary if it cannot be disproven?
I am having trouble understanding the logic of the law discrepancy between hearsay and witness testimony in towards proving guilt rather than innocence.
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Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
Although we accept that legally everyone is 'innocent until proven guilty', is it right for people to keep open in their minds the plausibility/possibility that the accused is guilty?
Or is this ...
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Are interrogation tapes of suspects in a closed case publicly available?
Do people have a right to demand tapes from interrogations/witness questioning done in relation to a closed case?
I read somewhere that the tapes are only publicly available if they have been used as ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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-...
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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 ...
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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,...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Projectors, White Boards & Electronic devices in judicial courts
Are projectors, white boards and other electronic devices viz monitor screens, laptops,scanners, recording and playback devices etc. available or allowed in courts?
As a example, the lawyer of either ...
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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 ...
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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 ...
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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
...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Can disjunction elimination be used to convict someone of a crime without knowing which crime they committed?
Three different crimes are committed (for simplicity; the same type of crime, just distinct counts) by three different people. Someone is arrested based on evidence that proves they committed one of ...
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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 ...
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