Criminal Evidence 6th (sixth) edition

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They accosted a woman when she came into the garage and forced her into the van. The court rejected the state's attempt to distinguish a decision to recommit a mentally disturbed offender from a decision to revoke parole. "The revocation of his status and recommitment to a state mental hospital�an institution which often is little more than a sanitary dungeon � certainly works a loss of liberty as grievous as that inflicted upon his parolee and narcotic addict counterparts." 73 Cal.

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Federal Rules of Evidence, 2004-2005: Statutory and Case

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The FBI has been embroiled in a fierce legal battle with tech giant Apple over whether the company needs to include a security backdoor to allow the FBI access a smartphone. Thean JA held that the where the court is confronted with expert opinion which was unopposed and “based on sound grounds and supported by the basic facts”, it can do little but to accept the evidence. We will do everything in our power to see to it that your legal rights are protected.

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The principles of the law of evidence peculiar to criminal

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A defendant has a right to confront and call witnesses at such hearings. When the standard is met, the effect is to add a burden upon the Crown to prove that the defence fails beyond a reasonable doubt. Different offenses have different limitation periods. On the other hand, if a witness is subjected to pre-trial incarceration on March 10, 2012, made bail on May 10, 2012, and then convicted after trial on June 10, 2012 and sentenced to time served, the date of conviction would be the determinative date because the date of conviction would be later than the date of release.

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A Simple Act of Murder: November 22, 1963

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An offence under the Terrorist and Disruptive Activities Act Morris, Mexico’s Political Culture: The Unrule of Law and Corruption as a Form of Resistance, 3 Mex. With a foreword by Adeyinka Morgan, [Ibadan]: Ibadan University Press, 1965, xxxviii, 329 p.; Based on doctoral thesis, University of London; 2nd ed., by T. The actual words used by the witness should be recorded: Instruction 37.20. Where the criteria are met, the summary can be admitted without putting in the original records as evidence. [2] The exception is not applicable where the work product "involve[s] interpretations that may be the subject of legitimate debate". [3] The principled approach is founded on the premise that if a statement is necessary to a hearing [1], and it is reliable [2], it should be admitted even if it is hearsay.

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The Insanity Defense

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Any evidence which, on the thirtieth day of May, 1961 – (a) would have been admissible as proof of the appointment of any person to any public office or of the authority of ·any person to act as a public officer, shall be admissible in evidence in criminal proceedings; (b) would have been deemed sufficient proof of the appointment of any person to any public office or of the authority of any person to act as a public officer, shall in criminal proceedings be deemed to be sufficient proof of such appointment or authority. (a) which purports to bear the signature of any person holding a public office; and (b) which bears a seal or stamp purporting to be a seal or stamp of the department, office or institution to which such person is attached, shall, upon the mere production thereof at criminal proceedings, be prima facie proof that such person signed such document. (1) Any court may in respect of any article, other than a document, which any party to criminal proceedings may wish to produce to the court as admissible evidence at such proceedings, permit such party to produce as evidence, in lieu of such article, any photograph thereof, notwithstanding that such article is available and can be produced in evidence. (2) The court may, notwithstanding the admission under subsection (1) of the photograph of any article, on good cause require the production of the article in question. (1) Whenever any book or other document is of such a public nature as to be admissible in evidence upon its mere production from proper custody, any copy thereof or extract therefrom shall be admissible in evidence at criminal proceedings if it is proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted. (2) Such officer shall furnish such certified copy or extract to any person applying therefor, upon payment of an amount in accordance with the tariff of fees prescribed by or under any law or, if no such tariff has been so prescribed, an amount in accordance with such tariff of fees as the Minister, in consultation with the Minister of Finance, may from time to time determine. (1) It shall, at criminal proceedings, be sufficient to prove an original official document which is in the custody or under the control of any State official by virtue of his office, if a copy thereof or an extract therefrom, certified as a true copy or extract by the head of the department concerned or by any State official authorized thereto by such head, is produced in evidence at such proceedings. (a) An original official document referred to in subsection (1), other than the record of judicial proceedings, may be produced at criminal proceedings only upon the order of the attorney-general. (b) It shall not be necessary for the head of the department concerned to appear in person to produce ail original document under paragraph (a), but such document may be produced by any person authorized thereto by such head. (3) Any official who, under subsection (1), certifies any copy or extract as true knowing that such copy or extract is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years. (1) It shall, at criminal proceedings, be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other officer or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such criminal proceedings, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded. (2) Any person who, under subsection (1), certifies any copy as true knowing that such copy is false, shall be guilty of an, offence and liable on conviction to imprisonment for a period not exceeding two years. (1) The entries in the accounting records of a bank, and any document which is in the possession of any bank and which refers to the said entries or to any business transaction of the bank, shall, upon the mere production at criminal proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges­ (a) that he is in the service of the bank in question; (b) that such accounting records or document is or has been the ordinary records or document of such bank; (c) that the said entries have been made in the usual and ordinary course of the business of such bank or the said document has been compiled, printed or obtained in the usual and ordinary course of the business of such bank; and (d) that such accounting records or document is in the custody or under the control of such bank, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document. (a) that he is in the service of the bank in question; (b) that he has examined the entry, accounting record or document in question; and (c) that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document. (3) Any party at the proceedings in question against whom evidence is adduced in terms of this section or against whom it is intended to adduce evidence in terms of this section, may, upon the order of the court before which the proceedings are pending, inspect the original of the document or entry in question and any accounting record in which such entry appears or of which such entry forms part, and such party may make copies of such document or entry, and the court shall, upon the application of the party concerned, adjourn the proceedings for the purpose of such inspection or the making of such copies. (4) No bank shall be compelled to produce any accounting record referred to in subsection (1) at any criminal proceedings, unless the court concerned orders that any such record be produced. ‘document’ includes a recording or transcribed computer printout produced by any mechanical or electronic device and any device by means of which information is recorded or stored; and (1) The entries in the accounting records of an institution in a state or territory outside the Republic which is similar to a bank in the Republic, and any document which is in the possession of such an institution and which refers to the said entries or to any business transaction of the institution, shall, upon the mere production at criminal proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges­ (a) that he is in the service of the institution in question; (b) that such accounting records or document are or were the ordinary records or document of the institution; (c) that the said entries have been made in the usual and ordinary course of the business of such institution; and (d) that such accounting records are or document is in the custody or under the control of such institution, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document. (a) that he is in the service of the institution in question; (b) that he has examined the entry, accounting record or document in question; and (c) that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document. (a) it is obtained in terms of an order of a competent court or on the authority of a competent government institution of the state or territory concerned, as the case may be; (b) it is authenticated in the manner prescribed in the rules of court for the authentication of documents executed outside the Republic; or (c) it is authenticated by a person, and in the manner, contemplated in section 8 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963). (4) The admissibility and evidentiary value of an affidavit contemplated in subsections (1) and (2) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic. (5) A court before which an affidavit contemplated in subsections (1) and (2) is placed may, in order to clarify obscurities in the said affidavit, on the request of a party to the proceedings order that a supplementary affidavit be submitted or that oral evidence be heard: Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard. ‘document’ includes a recording or transcribed computer printout produced by any mechanical or electronic device and any device by means of which information is recorded or stored; and (1) At criminal proceedings at which an accused is charged with bigamy, it shall, as soon as it is proved that a marriage ceremony, other than the ceremony relating to the alleged bigamous marriage, took place, within the Republic between the accused and another person, be presumed, unless the contrary is proved, that the marriage was on the date of the solemnization thereof lawful and binding. (2) At criminal proceedings at which an accused is charged with bigamy, it shall be presumed, unless the contrary is proved, that at the time of the solemnization of the alleged bigamous marriage there subsisted between the accused and another person a lawful and binding marriage – (a) if there is produced at such proceedings, in any case in which the marriage is alleged to have been solemnized within the Republic, an extract from the marriage register which purports – (i) to be a duplicate original or a copy of the marriage register relating to such marriage; and (ii) to be certified as such a duplicate original or such a copy by the person having the custody of such marriage register or by a registrar of marriages; (b) if there is produced at such proceedings, in any case in which the marriage is alleged to have been solemnized outside the Republic, a document which purports – (i) to be an extract from a marriage register kept according to law in the country where the marriage is alleged to have been solemnized; and (ii) to be certified as such an extract by the person having the custody of such register, if the signature of such person on the certificate is authenticated in accordance with any law of the Republic governing the authentication of documents executed outside the Republic. (3) At criminal proceedings at which an accused is charged with bigamy, evidence – (a) that shortly before the alleged bigamous marriage the accused had been cohabiting with the person to whom he is alleged to be lawfully married; (b) that the accused had been treating and recognizing such person as a spouse; and (c) of the performance of a marriage ceremony between the accused and such person, shall, as soon as the alleged bigamous marriage, wherever solemnized, has been proved, be prima facie proof that there was a lawful and binding marriage subsisting between the accused and such person at the time of the solemnization of the alleged bigamous marriage. (1) At criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007- (a) it shall be sufficient to prove that the person against whom or by whom the offence is alleged to have been committed, is reputed to be the lineal ascendant or descendant or the sister, brother, stepmother, stepfather, stepdaughter or stepson of the other party to the incest; (b) the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest. (2) Whenever the fact that any lawful and binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy. (1) At criminal proceedings at which an accused is charged with the killing of a newly-born child, such child shall be deemed to have been born alive if the child is proved to have breathed, whether or not the child had an independent circulation, and it shall not be necessary to prove that such child was, at the time of its death, entirely separated from the body of its mother. (2) At criminal proceedings at which an accused is charged with the concealment of the birth of a child, it shall not be necessary to prove whether the child died before or at or after birth. (1) At criminal proceedings at which an accused is charged with receiving stolen property which he knew to be stolen property, evidence may be given at any stage of the proceedings that the accused was, within the period of twelve months immediately preceding the date on which he first appeared in a magistrate’s court in respect of such charge, found in possession of other stolen property: Provided that no such evidence shall be given against the accused unless at least three days’ notice in writing has been given to him that it is intended to adduce such evidence against him. (2) The evidence referred to in subsection (1) may be taken into consideration for the purpose of proving that the accused knew that the property which forms the subject of the charge was stolen property. (3) Where the accused is proved to have received the property which is the subject of the charge, from a person under the age of eighteen years, he shall be presumed to have known at the time when he received such property that it was stolen property, unless it is proved – (a) that the accused was at that time under the age of twenty-one years; or (b) that the accused had good cause, other than the mere statement of the person from whom he received such property, to believe, and that he did believe, that such person had the right to dispose of such property.

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Quality Control in Fact-Finding

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Thus, at common law and in jurisdictions that still define the doctrine broadly, it was and is sufficient to prove that the defendant acted with a general culpable state of mind, without the need to demonstrate a specific state of mind such as "intentionally," "knowingly," or "recklessly." [B] "Elemental" Definition of "Mens rea" – Much more prevalent today is a narrow definition of mens rea which refers to the particular mental state set out in the definition of an offense.

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Laying Foundations and Meeting Objections: Section 5 -

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App. 1999). “The victim, who was seventy-eight when the robbery occurred, testified that the defendant grabbed his billfold from behind.”… “While the term ‘violence’ is not defined in our criminal code, this court has previously approved the definition set forth in Funk and Wagnall’s Standard Desk Dictionary (1977): ‘physical force unlawfully exercised.’ See State v. What emerged from this case. it clearly has similar discretion in a constitutional context. the police action amounted to a conscious and deliberate violation of the accused’s right to privacy. conscious violation of the accused’s constitutional rights.

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The Hearsay Rule

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The judge had wide discretion on whether to give a Vetrovec warning. [3] Where the witness provides "mixed" evidence that gives a significant amount of evidence that is helpful for the defence as well as the crown, the judge has the discretion whether the still invoke the warning. [4] Character evidence of the accused is any evidence that establishes the accused conduct or reputation outside of the period of the alleged offence for the inference that during the time of the alleged offence the accused had acted in conformity with that conduct or reputation.

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Psychological Expertise in Court: Psychology in the

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RICO - Racketeer Influenced and Corrupt Organizations Act. Instead, the Supreme Court has found that a right of privacy is implicit in the Constitution. But understanding reality is critical to creating an authentic work. In the District Court, the accused must give evidence before he calls any other evidence unless the court otherwise orders: rule 53.11 of the District Court Rules. Competence and compellability: defendants in criminal proceedings 18. The HL might have been able to come to the same conclusion but via the more defensible explanation that the witnesses’ evidence of what M had said to them was hearsay as it was tendered to prove the inference (based on M’s knowledge) that M could have killed the boy.

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DNA Technology, The Awesome Skill (2nd) Second Edition

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However, most researchers on both sides of the death penalty debate continue to rely on rather simple assumptions about criminal behavior. The second, less common, method of profiling will be termed Deductive Criminal Profiling. Greg served for many years as a member and advisor to the Executive Committee of the State Bar Criminal Law Section. Then, if made up of well-meaning, caring people, trying to do the right thing, they will pool their experience, practical wisdom, and moral intuitions and make “right” decisions, or at least do as well at getting it right as any other system known to humankind.

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