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41 votes

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

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 ...
Greendrake's user avatar
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36 votes

Can punishments be weakened if evidence was collected illegally?

united-states Under U.S. law, illegally obtained evidence cannot be used to convict someone of a crime, but if they are convicted anyway, it has no impact on the punishment imposed.
ohwilleke's user avatar
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32 votes
Accepted

How did Dominion legally obtain text messages from Fox News hosts?

Because the hosts are part of the defendants. A party in a lawsuit can demand documents to be turned over to them from the opposing party. That is called Discovery and participation is mandatory. Not ...
Trish's user avatar
  • 39.9k
23 votes

Can messenger chat be used as evidence in courts?

Online conversations are generally allowed evidence. However, EVERYTHING in the chat should be considered, as well as any later actions. Were there later conversations that said something different? ...
abelenky's user avatar
  • 3,166
23 votes

What would you be charged with for covering up a rightful death?

Probably murder. Because "victim 2 was then shot by this man in self defense" hasn't been determined by a neutral third party investigation or jury - it is just his own rationale for ...
Michael Hall's user avatar
  • 4,594
22 votes

If the Jury considers evidence that should be discarded in the US, what would the result be?

The jury would never hear the recording The recording and its provenience would be provided to the prosecution who would, rightly, have issues with its admissibility. The defence and prosecution would ...
Dale M's user avatar
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20 votes
Accepted

Is it allowed to non-consensually submit someone's diary as evidence?

united-states Is a personal text (like a diary), submitted without the consent of the author, admissible evidence? Usually, it is admissible evidence. There is no legal right to keep your diary ...
ohwilleke's user avatar
  • 218k
18 votes

How is the burden of evidence distributed between parties?

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 ...
ohwilleke's user avatar
  • 218k
18 votes

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

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 ...
Dale M's user avatar
  • 211k
18 votes

If the Jury considers evidence that should be discarded in the US, what would the result be?

If the jury brings in a verdict of "not guilty", even if they do so based on evidence that they should not have considered or for some other improper reason, the defendant is released and ...
Nate Eldredge's user avatar
18 votes
Accepted

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all evidences have to be introduce into trial before trial starts? Can I bring evidences on the day of the trial and introduce them on the fly to the ...
ohwilleke's user avatar
  • 218k
17 votes
Accepted

Notice of uncontroverted facts in criminal trials

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 ...
David Siegel's user avatar
15 votes

How did Dominion legally obtain text messages from Fox News hosts?

This was apparently part of the normal discovery process. Discovery can compel disclosure from parties and even non-parties upon subpoenas. The lawsuit is in the Superior Court of the State of ...
Jen's user avatar
  • 57.3k
15 votes

What would you be charged with for covering up a rightful death?

sweden An Offence against the peace of the grave Gravfridsbrott Brottsbalken 16 kap. 10 § A person who, without authorisation, moves, damages or treats with disrespect the corpse or ashes of a ...
Magnus Wittstrom's user avatar
15 votes

Can punishments be weakened if evidence was collected illegally?

united-states The premise that covid contact-tracing data can by law only be used for identifying possible covid carriers is unsupported, see this. HIPAA limits how medical information can be ...
user6726's user avatar
  • 215k
14 votes
Accepted

Can Law Enforcement in the US use evidence acquired through an illegal act by someone else?

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. ...
hszmv's user avatar
  • 23k
14 votes

Obtaining information that requires a court order but before to going to the court?

There are two cases to distinguish: information that the other party does not want to give without court order, and information that the other party may not give without court order. Only the former ...
MSalters's user avatar
  • 5,677
12 votes

Can messenger chat be used as evidence in courts?

Generally speaking, yes. This issue arose in the trial of Michael Avenatti. There, Avenatti tried to exclude screenshots of his Whatsapp messages with Donald Trump, claiming that the government needed ...
bdb484's user avatar
  • 60.4k
11 votes

Can law enforcement dig up endangered plants to recover evidence of a crime?

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 ...
David Siegel's user avatar
11 votes
Accepted

Legal/jurisprudential term to refer to any evidence that can be interpreted either way

While not a "one word answer", the phrase that I most frequently see for that concept is "susceptible to more than one reasonable interpretation". The concept, by the way, is ...
ohwilleke's user avatar
  • 218k
11 votes

Why didn't the Crown inform the witness about the defense's evidence beforehand?

The defence sees the prosecution evidence; witnesses don’t From context, it appears that Ms. DeCoutere was a prosecution witness, not the defendant. As such, she would not be privy to the evidence ...
Dale M's user avatar
  • 211k
11 votes

Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict?

The 4th Amendment exclusionary rule applies automatically in cases where law enforcement obtains evidence illegally (subject to exceptions not applicable here). In its 1920 decision in Burdeau vs. ...
ohwilleke's user avatar
  • 218k
10 votes
Accepted

Is propensity evidence ever allowed as circumstantial evidence?

The short answer is that propensity evidence can only be circumstantial evidence and that it is generally inadmissible. But we should start by clarifying what "circumstantial evidence" means....
bdb484's user avatar
  • 60.4k
10 votes
Accepted

Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

In order to challenge a search at trial via an evidence suppression motion, the particular defendant has to have Fourth Amendment "standing"1 with respect to that search: Rakas v. Illinois, ...
Jen's user avatar
  • 57.3k
9 votes

Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?

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 ...
Nate Eldredge's user avatar
9 votes

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

"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 ...
JBentley's user avatar
  • 8,311

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