52
Short Answer
SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION:
The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the case.
She can be compelled to testify against him under oath, but does not have to testify about the confidential communications that they have with each ...
49
An indictment is issued by a grand jury when they are convinced, on the basis of evidence presented to them by the government, that there is probable cause to believe that the person committed a crime. However, the indictment only has to state the charges, i.e. the grand jury's conclusion; it doesn't have to describe the evidence that led them to this ...
31
Whether evidence is admissible in court or not doesn't depend on whether it conforms to any standard, compliance, or certification.
Those factors may affect how strong the evidence is (i.e how convincing it is), but those factors don't determine whether the evidence may be used at all.
Different jurisdictions have different rules, but in most places, as ...
24
Documents are not evidence - testimony is evidence
Documents don’t just magically become “evidence” - somebody (or more than one somebody) gives evidence about them. That is, they give testimony about what they are, where they come from, how they were created and how they got from there to here - that’s evidence. Those people can be cross-examined to test ...
16
Beyond Nate Eldredge's excellent answer, I just want to focus on one portion of your question: "to deny commission of a crime is a "lie" apparently if the agent thinks you committed the crime."
The US Attorney's Manual and Criminal Resource Manual has a whole section devoted to false statements and fraud against the government. If you read it, you'll see ...
10
According to https://www.baezlawfirm.com/can-your-spouse-be-forced-to-testify-against-you/ Section 90.504 of Florida’s Evidence Code includes the privilege to exclude "marital communications" from the testimony of a spouse, but does not include the "testimonial privilege" which Federal common law and the laws of many US states do include, that permits one ...
9
In theory, a store can ban you or anyone else for any reason except those protected by law against discrimination. As a practical matter, you potentially have various forms of recourse.
The first thing to do is to write the the CEO of the chain, with a long detailed letter describing the incidents, and naming names. Most CEO's don't want to deal with this ...
9
What remedies are therein the United States? I would imagine that the
witness could be prosecuted for perjury. My guess is that the
plaintiff could prosecute the witness for the lost damages. Are there
any other remedies like reopening the original trial or declaring a
mistrial so that the plaintiff could sue the (deep-pocketed)
defendant, or would ...
9
Whether they are admissible as evidence is up to the trier of law
The “trier of law” (judge) decides what evidence is admissible according to the rules of evidence.
Documents of most kinds are not admissible on their own (exceptions include “business” documents like invoices and receipts). To be admissible, someone (presumably you) has to testify as to ...
8
This is a good question, although it discusses crimes. This answer generalizes the question by giving a response for civil violations.
In the united-states, where federal civil-procedure is followed and provided the tape isn't solely for impeachment purposes (i.e. it also documents other elements), there are certain disclosures required at the beginning of ...
8
Short Answer
Statements of jurors about their deliberations are not allowed to be considered for any purpose, subject to very narrow limitations which do not apply in the fact pattern you are asking about in this question.
The General Rule And Its Exceptions
Consideration of juror statements, subject to narrow exceptions, is barred by Federal Rule of ...
8
Calls to 911 are treated as genuine at all times until the complaint is dealt with. This is because most people only call 911 for legitimate reasons and even some criminals call 911 because they want them to know the situation (Bomb scares are an extreme version of this as they cause a lot of disruption; they cannot be ignored because if the cops were to ...
7
Destruction of evidence always has to be weighed against dealing with an active situation. Taking a surviving victim to a hospital and treating them also destroys evidence; so does putting out an arson fire by knocking out walls. In all cases, there's an emergency situation and dealing with it is more important than preserving evidence. Flashbangs aren't ...
7
There are instances when the testimony may still be admitted. For example, a deposition may be admitted at trial either for impeaching or when a witness cannot attend, which involves the circumstance of death (FRCP 32(a)(4)(a)).
Additionally, regarding hearsay, there are numerous exceptions. My Evidence professor said in class "If you cannot find a way to ...
7
First of all, the USA's legal system is not here to be referee to every single little "gotcha" mistake, and every little mistake doesn't mean a payday for someone.
The employee at the tax preparer screwed up. They mixed up your folder with the other guy's folder. It was an honest mistake, which is another way of saying "nobody stands to gain from this."
...
7
In 1935, the Supreme Court held in Mooney v. Holohan that the prosecution lying about evidence betrays the duty of the prosecutor to seek justice. As such, any evidence that could be in the defense's favor must be revealed to the defense (the defense is entitled to see all evidence against the accused that will be used in trial... and need not turn over ...
7
united-states
Procedures differ on such things. The closest I know of to an outcome of "not enough evidence" is the classic "scotch verdict" of "Not Proven.
In the US, the prosecutor can wait to proceed with a criminal case while s/he does (or has done) as much investigation as s/he thinks is advisable. But once the trial starts, it normally proceeds to a ...
7
First, as Mark Johnson said.
Second, the job of police and prosecutors is not to put people into jail, their job is to put guilty people into jail.
If you go to the police and tell them that you beat up a person, then before they investigate, they know that either you are guilty of assault, or you mistakenly believe that you are guilty of assault, or you ...
7
Regardless of whether a defendant is a wife or husband in relation to
a potential witness, the latter can always refuse to say jack or just
go with the "I can't recall" thing. What, will they torture them?
What's the point of these "privileges" then?
There are actually two separate spousal privileges, the confidential communications ...
6
Focusing on evidence is putting the cart before the horse; what is relevant is proof. In the case overall and on any point in particular one party has the burden of proof to the requisite standard; balance of probabilities for a civil case, beyond reasonable doubt for a criminal case.
The burden of proof is often associated with the Latin maxim semper ...
6
To preface my answer, this aspect of UK law is unclear at best and I try to set out general principles where available.
If you are acting in a private sphere, then the recording of conversations are unregulated, however this is only for personal use – i.e., should you desire to make notes on what was said for your reference at a later date. Should you wish ...
6
If the question is: "Did she call you and talk about two business contracts? " then this is not hearsay. We have a witness, standing in court, saying that exactly these things happened - that she called, and that she talked about those deals.
If the question is: "Did the company sign two business deals that day? " then it is hearsay. We know that she said ...
6
The answer is no, it is not hearsay. I am writing this answer because my analysis is different than the previous posts.
Looking at the statements, the part in bold is where there is a potential hearsay problem:
A. Yes. That morning she called me at home and told me that we’d
signed two business deals and that we were hiring a new accountant.
Here the ...
6
In California, all parties to a conversation (people being recorded) have to agree to a recording. There are no special rules pertaining to husbands and wives. It is sufficient that the parties are aware that the recording is being made and they continue to talk, knowing that fact. There are exceptions, under Cal. Penal 633.5, in that surreptitious ...
6
A subpoena is nothing more than court process compelling someone to testify as a witness or to produce documents in their possession, custody and control, or both, usually in connection with a court case.
Most people who are subject to a subpoena are not being asked to offer testimony that could implicate them in a crime. They simply have evidence relevant ...
6
The Evidence Would be Admissible.
Under the so-called "good faith exception" to the exclusionary rule the evidence would probably be admitted over Bob's objections in both cases mentioned in the question. Recent US court decisions have limited the exclusionary rule when police officers reasonably but mistakenly believe that a valid warrant exists, ...
6
A person cannot be arrested for a misdemeanor by a police officer without a warrant unless the officer has probable cause that a person committed a misdemeanor in their presence. "Probable cause" is when the facts objectively support a belief that the person has committed a crime. If there is a total lack of evidence, then there is no probable cause or even ...
6
Laboratory Test Reports: Disclaimer in test reports prohibiting use as evidence in legal proceedings
Can a party unilaterally prohibit any of its output from use as evidence in litigation?
The disclaimer is not really a prohibition, but a warning against relying on the underlying report or product for any of the listed purposes. Thereby the issuer informs that it did not apply, did not attempt to apply, and/or ought not be presumed to have applied, the ...
6
No, this is not an acknowledgement of guilt or liability. It offers a "discount" some sort of reduction in price. This could be an offer of settlement without admission of liability, or even just advertising for repeat business (unlikely as that may seem). Without the rest of the communication, there is no way to tell. Unless there are specific ...
5
Realistically speaking, if a "smoking gun" like that was found from an illegal search, the authorities would absolutely perjure themselves to prevent a suppression. A probable cause would be found; they had smelled the odor of the decaying body before muscling in and coercing a search; an "eyewitness" had (been persuaded to claim that he) heard a gunshot or ...
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