42

The common law adversarial system is just that: the prosecution must prove its case beyond reasonable doubt. The defense is not obliged to call evidence at all. They are allowed to though: they will do it merely if they feel that the prosecution evidence needs rebuttal — in order to discredit the evidence or, at least, raise that "reasonable doubt"....


19

Yes The common law legal systems all require proof beyond reasonable doubt of each of the elements of the crime. If the prosecution fails to provide enough evidence to meet that burden on any of the elements then the defendant is not guilty. As a practical matter, this is dealt with in different ways depending on the status of the investigation/trial. If ...


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, ...


17

This is known as Judicial notice and is used in many jurisdictions. It is normally supposed to be used only for facts about which there could be no possible controversy. The Wikipedia article linked above mentions such examples as "which day of the week corresponded to a particular calendar date or the approximate time at sunset." It can also be ...


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 ...


12

The Meme is Incorrect Law enforcement in the united-states may disturb or dig up plants that are listed as endangered species while unearthing evidence of a serious crime. 16 U.S. Code § 1538 subsection (a) ,(2) provides that: (2) Except as provided in sections 1535(g)(2) and 1539 of this title, with respect to any endangered species of plants listed ...


9

"burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared" The issue is in your interpretation of the phrase "burden of proof". This term has a specific meaning. What it doesn't mean is that a particular party is the only one who can or should give evidence. Rather, it means ...


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

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 "...


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

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) ...


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

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

Police reports are treated as "Business Records" and are therefore not excluded by the hearsay rule, regardless of the availability of the declarant. Federal Rules of Evidence, Rule 803: Exceptions to the Rule Against Hearsay Business Records Exception The following are not excluded by the hearsay rule, even though the declarant is available as a ...


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

Defendants cannot switcheroo whenever they want. There are good reasons why this is almost never done. The lawyer in any of these scenarios is violating an ethical duty of candor to the tribunal, if it is done without court permission (which is unlikely to be granted), even if the client suggested or insisted upon the idea. The lawyer would be responsible ...


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 ...


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