Questions tagged [rules-of-evidence]
Rules that apply to the admission of evidence in a trial.
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Can a plea bargain offer be used as evidence?
Alice has been charged with first degree murder, although the evidence is mostly circumstantial, and there is no body.
Alice’s attorney offers a plea bargain that Alice will disclose the location of ...
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Why innocence don't matter within State's justice system, according to the late US Supreme Court Justice Antonin Scalia? [closed]
"Mere factual innocence is no reason not to carry out a death sentence properly reached." - Antonia Scalia ( 1936 - 2016)
Mere factual innocence is no reason not to carry out a guilty ...
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Is the jury informed when the person giving testimony has taken a plea deal in exchange for testifying?
In the film Law Abiding Citizen (2009) 2 men (Rupert and Clarence) are involved in a home invasion where the prosecution cuts a deal with Clarence in order to get Clarence to testify against Rupert ...
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Would a machine that records your mail produce relevant evidence wrt. service or the Protection of Freedoms Act?
There are situations where the sending and receiving of mail is legally preformative. Examples include Service (well explained in this answer) and unpaid parking charges pursued under the Protection ...
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Are threats of job loss included in the law definition of 'coercion'?
It has come to my attention that teachers in South Africa are now expected to have their fingerprints taken like a bunch of common criminals or they will lose their jobs.
If your prints are then ...
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What evidence is available to prove the amount of a flight delay in UK court?
I'll likely be taking easyJet to court over a meal expense; they claim the flight in question was only delayed by 50 minutes, while in fact it was delayed by 2.5 hours on departure (the threshold ...
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Admissibility of withdrawn confession
I quite often read stories like the following in the news:
Bob is arrested for alleged bribery and falsification of business records. During his first interrogation, he confesses everything, and the ...
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What barriers to the public internet do police have that citizens do not?
The Guardian reports in reference to police action against the far right instigators of the recent violence:
The strict rules on evidence gathering for police and government bodies made it harder for ...
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Can a criminal litigator introduce new evidence if it is pursuant to the veracity of a witness?
Obviously there are limits to how much evidence can be presented in court case and an attorney cannot anticipate every possible shred of evidence that he might need.
For example, let's imagine that in ...
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Federal Rules of Evidence 803-6 usage
Is it possible for a document to be self-showing that it's a business document? For example, can you admit a business document (e.g. a packing slip) which clearly is implied that 1) the record must ...
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Is audio recording a promise made by another person legal in the US?
If a person made a promise to do or not to do something, and I'm telling the person that I'm audio recording his verbal promise (because I wanted to use this as evidence in court in case that person ...
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FRE 803 (8) Public Record Usage for Defense
Is it possible to object to the prosecution's use of a document excluded under 803 (8) under hearsay grounds and then introduce it during the defense?
Apologies in advance, as I do not have any trial ...
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Are there lines of reasoning that can only be introduced into a case via an expert witness?
Say some technical question is important to a court case.
One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion.
Is the other side allowed ...
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Blood taken from a suspect for testing
Consider the following hypothetical situation:
A person is arrested and blood is taken from him. In this hypothetical situation, we have:
The person who took the blood
The person who transported the ...
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Legality of threatening perjury
Just to pretext, this question was inspired by a scene in Suits. I know that Suits is not a particularly accurate representation of the legal system, I'm just curious about the legality of a similar ...
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