18

I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument. In General In both criminal and civil cases in common law legal systems (legal systems derived from the English legal system, basically, the U.S., U.K., Ireland, Canada, ...


14

Yes: So long as law enforcement did not compel the hackers to hack the data and the data was recovered by Law Enforcement through their investigation of the Hacker's breeching the server's security. Evidence of a crime committed by a third party is admissiable if it came to light during an unrelated investigation. The party that did the hacking could still ...


8

The phrase "reasonable doubt" was formed hundreds of years ago, and does not hold any mathematical or probabilistic meaning. It is for each individual juror to decide for themselves what constitutes "reasonable doubt", and whether the evidence presented to them has crossed that threshold. EDIT for extra clarity: As stated above, the definition of "...


8

Under US law, the prosecution has the obligation to prove all of the elements of the crime "beyond a reasonable doubt" (the exact explanation in the jury instructions varies from state to state, in aid of avoiding the inference that the defense has an obligation to create a doubt). The prosecution may have the advantage that the camera evidence has already ...


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

Overview This would not be uniform for all courts, even in a single state, nor would it be the same for all kinds of evidence. Also, few rules regarding the timing of disclosure of evidence are absolute. A judge's handling of a request to introduce late disclosed evidence is reviewed for abuse of discretion, not de novo, on appeal, so a judge is afforded ...


7

My understanding is that "the record" only refers to the official record of the proceeding, e.g. the transcripts that would be kept on file and used as the basis for formal decisions. Such records are usually prepared after the fact by a court reporter based on their shorthand notes or audio recordings, so this indicates that the reporter should ...


7

Opening and closing statements are to state the reason we are in court today and thus are more emotional appeals than factual summations. Consider writing a term paper or five-paragraph essay. You do not use your opening or final paragraph to present factual evidence or cite sources, but rather state your objective and core arguments and what you intend ...


6

There are all manner of reasons that evidence can be excluded at a trial, most of which are set forth in rules of evidence. If the evidence was not admitted on the grounds of relevance and the charge was speeding, I presume that the reason that it was found not be to relevant was that it was not possible from a video to determine how fast someone was ...


6

Yes and no. Using deception to get someone to open the door so that you can execute a warrant is okay (United States v. Contreras-Ceballos, 999 F.2d 432). Leading a criminal to believe that you are a crime-customer (e.g. for purposes of a drug sale) and not a police officer is okay (Lewis v. United States, 385 U.S. 206), but must be limited to the purposes ...


6

The Different Senses Of The Word "Record" As Used In Court Cases The "record" in the sense used in the phrase "strike from the record" is the sum total of testimony, exhibits and court documents that are properly considered in support of legal arguments on the merits by an appellate court. The actual record on appeal consists of ...


6

This is a perfectly common question. "What is your full name?" "Do you have any aliases?" "What other names do you go by?" Like any other question, though, it must be relevant, and you should be prepared to explain why it is relevant. If the court allows the question, the defendant must answer.


5

Could the person on the stand refuse? Yes. The witness may refuse to read it aloud, which does not mean he cannot be compelled to do so. The witness may object on grounds you mention (prejudice) only if he is the defendant. Either way, the judge will make a decision on how that evidence is to be presented to the jury. Regardless of who reads the evidence, ...


5

since the recording wasn't made in California, would the California court allow it to be used? Yes because the recording was obtained lawfully. The rule of one- or two- party consent primarily regulates the act of obtaining the evidence (i.e., recording the conversation), and the lawfulness of that act determines whether using that as evidence is ...


5

In US law, there was, as far as the question indicates, no probable cause to search her phone at all, Therefore (unless there is some cause not mentioned in the question), any such search is illegal, and any evidence found in such a search, or that is found as an indirect result of such a search (pointers toward it are found in the search, and followed) ...


4

If video filmed by (say) a smartphone is used as evidence, does the person who filmed it have to submit an affidavit saying "I filmed that at location X at time Y"? Or can the video be used as evidence without that? Short Answer Someone must testify to authenticate video evidence but it doesn't necessarily have to be the person who filmed it and ...


4

The defense made it relevant. If the defense is going to argue that elements of Floyd's character and past are relevant to the case, then the prosecution generally gets to undercut and counter that with facts of his character and past that cast him in a more positive light. Similarly, if the prosecution gets to provide such things, then the defense gets to ...


4

The parties are generally entitled to present their case as they see fit, as long as they stay within the rules of evidence. If they want a straight yes or no, the court will often require the witness to provide one, which keeps lawyers happy, makes the answers clear for the jury, and limits the parties' grounds for appeal. If a yes or no answer is not as ...


3

No. Not just no, butt hell NO. Telcos are not allowed to record calls unless they have a court order to so. I. e. what you seek is impossible unless either of you is suspected of a listed offense (Katalogstraftat) and police obtained a court order to intercept that person's phone for that reason. Even in that case, the phone company in question would not ...


3

Generally they don't. If the conversation was made while there was a third person present, the person can be a witness at trial. Unless the witness is impeached, the witness's statement may be sufficient for you to meet your burden of proof to show the statement was made, because the burden is just a preponderance of evidence in most civil cases. Note that, ...


3

In the US the jury is the fact-finder, while the judge is responsible for decisions purely related to the law. The defendant cannot be convicted unless the jury is convinced beyond a reasonable doubt that the defendant is guilty. Presumably the OP's probability P(A) is the probability the defendant is guilty given all information available to some ill-...


3

Not necessarily. Let's say the victim delivered photos of a harm that were alleged to be done by the defendant. That's a crime in itself. But based on this item the DA orders investigation and finds evidence of a real crime. Discovering that the photo was faked can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong ...


2

Yes, DNA found on drugs could be used as evidence in court, although, by itself, it might not be sufficient to support a conviction. Generally speaking, otherwise duly authenticated physical evidence is admissible when it is "relevant" and it is is "relevant" when it makes it more likely that an element of the crime (in this case, possession) is true than ...


2

Another key point to consider is when the new evidence of innocence becomes available. As a general rule, a conviction can only be set aside if new evidence of innocence was not available to present at the original trial resulting in a conviction. Suppose that Mr. Anderson is convicted of murder after a fair trial which Mr. Anderson defended primarily on ...


2

There is much variation between states, but a wrongful incarceration could be compensated. In almost half of the states there is no compensation. In Ohio for example, if you were charged and did not plead guilty (no plea bargaining!), and the conviction was vacated, dismissed, or reversed and the offense was "not committed by the individual or was not ...


2

Physical evidence must be authenticated to be admissible as evidence in court. In other words, the person seeking to introduce it as evidence must show that it is what it claims to be by some means (there are many legitimate ways to authenticate evidence). A chain of custody is used to authenticate physical evidence. Even if physical evidence can be ...


2

In a criminal case, the prosecution must prove each element of the offense beyond a reasonable doubt, to the satisfaction of the trier of fact (jury, or judge if a jury has been waived). How much proof is required to do this is pretty much up to the trier of fact. If in your hypothetical buss case, the prosecutor presented the image and said that this ...


2

Subdivision A of California Penal Code 632 protects confidential communication: (a) A person who, intentionally and without the consent of all parties to a confidential communication... Subdivision C defines confidential communication and excludes: ...any other circumstance in which the parties to the communication may reasonably expect that the ...


2

There is no distinction between exploratory and confirmatory analysis in law. Assume that Alice is suspected of being a child pornographer (based on clear statements to that effect by multiple parties) and a warrant is issued to allow exhaustively searching her cell phone (the search has to be legal in the first place). The cellphone contains damning ...


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