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What factors determine whether an assault will be vigorously looked into pursued and charged by the police or not?

What factors would determine the degree of rigour with which the police look into a pursue this crime? Among the factors would be: The severity of the harm caused by the crime. Murders get ...
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3 votes

What factors determine whether an assault will be vigorously looked into pursued and charged by the police or not?

There are two related questions: What factors determine how police will exercise their investigative discretion? How will charging decisions be made? Investigative Discretion I cannot enumerate the ...
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2 votes
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Would proof of the convict being blackmailed into confession be enough to exonerate them in certain cases?

Under U.S. law, this would not alone be sufficient, although sometimes with additional facts it could be. In addition to showing that the confession was obtained through blackmail, the convicted ...
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2 votes
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What happens during and after investigations into a false conviction?

The primary distinction is between overturning a conviction on appeal, and exoneration. In the former case, there may be some important evidence that was admitted but legally should not have been: or, ...
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1 vote
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When can one's phone be seized to retrieve video evidence taken on its camera?

england-and-wales (although I imagine the rest of the UK is similar in these respects): The police will prefer direct access to the device to help maintain chain of custody and reduce risk of the ...
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2 votes
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Preponderence of evidence, but not probable cause

The quote seems to come from here. Immediately before the quote, the article states that "Although New Port Richey Police found there to be enough evidence to terminate Lubrido, Bogart said there ...
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1 vote

Why can courts refuse evidence?

Your question invokes fairness of outcomes, i.e. you perceive the system as more fair if it is more accurate in determining guilt versus innocence. In other words, distributive justice. Another ...
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1 vote

Why can courts refuse evidence?

How can the court refuse to admit evidence, especially if it's the only useful evidence existing? And if yes, then why is this so and where is this practice useful? The rules of evidence define what ...
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Why can courts refuse evidence?

There are already plenty of other answers which address matters like why evidence might get thrown out, but I would like to point out that evidence that gets thrown out can still influence a trial. I ...
2 votes

Why can courts refuse evidence?

Does that mean that the perpetrator gets to go free? Quite possibly, depending on the case. Why is this so and where is this practice useful? At some point it was decided that it's better to let ...
2 votes

Why can courts refuse evidence?

The issue is that generally, evidence obtained without due process is inherently unreliable. For your first example, to legally get a warrant in many countries, you need to have to present a ...
7 votes

Why can courts refuse evidence?

TL;DR: The law against torture and unwarranted searches have the same base justification: to protect the guilty. Why protect the guilty? Because if the law doesn’t protect the guilty, it won’t ...
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24 votes

Why can courts refuse evidence?

You need to ask why evidence gets excluded. For example evidence that was obtained by a search without a proper warrant. That's not excluded to protect criminals, it's excluded so that law abiding ...
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34 votes
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Why can courts refuse evidence?

Different exclusionary rules have different reasons. Hearsay is frequently inadmissible because it's less reliable for the court to hear Alice saying "Bob told me that Carol hit him" than to ...
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1 vote

Why can courts refuse evidence?

How can a court refuse evidence? Because there are clear rules as to how evidence can be obtained and how they can be entered into a trial. It is worth noting that concept of justice is not just who ...
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3 votes

Why can courts refuse evidence?

common-law that confuses be because... well, there's evidence. It leads to the truth. Why aren't you taking it?! Firstly, because whether a piece of evidence actually leads to "the truth" ...
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0 votes

Impeachment of Evidence

Impeachment evidence is evidence offered at an evidentiary hearing or trial to show that something a witness testified about (or a document previously admitted into evidence) is false. Impeachment ...
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