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Questions tagged [rules-of-evidence]

Rules that apply to the admission of evidence in a trial.

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8 votes
1 answer

How do you prove a fact at issue in litigation?

Many questions on this site ask some variant of the question: "how does one prove something in court?" Paraphrasing a few: How do you prove that someone forged your signature? How do you ...
Jen's user avatar
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7 votes
2 answers

Can defendants switcheroo whenever they want?

Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
Alexanne Senger's user avatar
2 votes
1 answer

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ state court. The case was moved to a NJ federal court, and then transferred to a FLA federal court (after a ...
Sizzle's user avatar
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13 votes
4 answers

Can punishments be weakened if evidence was collected illegally?

Suppose police are investigating a burglary case. Under law, COVID-19 contact tracing data can only be used for contact tracing and nothing else. However a team decides to analyze the data anyway to ...
dfc2136's user avatar
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11 votes
10 answers

Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?

In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
bdsl's user avatar
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4 votes
2 answers

Can an audio recording prove a defendant's innocence?

Defendant is in jail for a gun charge. The gun is not his, nor did he know it was in the vehicle. Defendant's girlfriend has an audio recording of the gun's owner admitting to owning the gun but ...
SCASHLI's user avatar
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4 votes
3 answers

Can a rape victim's DNA be used against them in criminal proceedings?

This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect ...
BakedAlaska624's user avatar
3 votes
1 answer

Is evidence obtained under false pretences admissable in a criminal trial?

Is evidence obtained under false pretences admissable in a criminal trial? For example, imagine a policeman impersonates a computer technician to gain admittance to the suspect's home in order to "...
Cicero's user avatar
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3 votes
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In a criminal trial, is the prosecution allowed to discuss its plea bargaining with the defendant?

Suppose that someone is charged with a crime. Before they are arraigned, they negotiate with the prosecution about a potential plea bargain, but do not reach one and instead go to trial. During the ...
Very Tiny Brain's user avatar
2 votes
1 answer

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,...
user110391's user avatar
0 votes
3 answers

Can a phone conversation be summoned from telecom operator as evidence in court of law

Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so. However, we wish to ...
Der Burger's user avatar