Evidence 2009-2010: 2009 Edition (Blackstone Bar Manual)

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Material on this site is subject to copyright under Australian law and through international treaties and applicable law in other countries. Id. at 78–79 (alteration in original) (quoting Hans Kelsen, Introduction to the Problems of Legal Theory (Bonnie Litschewsky-Paulson & Stanley L. It is important not only that you be fair and impartial, but that you also appear to be fair and impartial. [¶] Do not make any independent investigation of any fact or matter in this case.

Making Public Places Safer: Surveillance and Crime

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CONREP may also confine a patient in the county jail only if the jail will continue to provide treatment and adequate security, minimize interference with the treatment program, and be able to provide accommodations that ensure the safety of both the patient and the general population of the jail. Hate crime or bias motivation refers to hate-motivated violence and this type of offense is personal in nature, pertaining to one’s race, ethnicity or nationality, religion, disability, or sexual orientation.

Indiana Evidence Quick-Reference Courtroom Edition

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Furthermore, police can observe fields from a helicopter of plane. o Open field- land need to be neither open nor a field in all circumstances. o Curtilage is the land immediately surrounding and associated wit the home. A fraudulent or immoral contract, or one contrary to public policy is void. Thus if the criminal law should aim to define, to condemn, and to call perpetrators to public account for wrongs whose character and implications are such that they properly count as ‘public’, its definitions of crimes and its principles of liability must be apt to identify such wrongs and the conditions under which agents can be justly condemned for them.

Hughes' Pocket Digest of Evidence

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Pure speculation on how a MOP could be used. A woman is found dead in her home, apparently stabbed, strangled or whatever. The court was careful that evidence which tended to show that the accused were of bad character was inadmissible, but such evidence could be admitted if it in some other way disproved the Makin’s defence: ‘It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence for which he is being tried.

High Court Case Summaries on Evidence, Keyed to Mueller, 6th

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The focus is on weeding out suspects, developing investigative strategy, linking crimes and suspects, and assessing risk. Deadly force may not be used to combat an imminent deadly assault if a non-deadly response will apparently suffice. [B] Model Penal Code – The Code specifically sets forth the situations in which deadly force is justifiable: when the defendant believes that such force is immediately necessary to protect himself on the present occasion against: The Code prohibits the use of deadly force by a deadly aggressor, i.e., one who, “with the purpose of causing death or serious bodily injury, provoked the use of force against himself in the same encounter.” [MPC § 3.04(2)(b)(i)] [A] Common Law – If a person can safely retreat and, therefore, avoid killing the aggressor, deadly force is unnecessary.

Criminal Evidence for Police, 4th Edition

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Morsis foolish choices an inability to make a fresh start. On the contrary, the three persons who it is said committed this crime were running away from the scene of the crime as fast as they could when the cry was heard. At the arraignment, the judge tells the defendant: • What the charges are, • What his or her constitutional rights are, and • That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. The ban or prohibition will be for direct or indirect contact.

The Law of Evidence in Civil and Criminal Cases;

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Call or e-mail the Law Offices of Maite L. The amount of fee shall be established by the local governmental authority operating the school, but such fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. The victim was likely asphyxiated with a material ligature about the neck, indicated by the pattern compression and the petechiae. Of course, criminal law does not live up to its ideals. Search for Criminal Defence Lawyer With 100's of Results at WebCrawler.

Evidence: Practice Under the Rules, Fourth Edition

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There are circumstances, however, when law enforcement officers do not need to obtain a warrant, such as: where the search is made at or near the border; where the search follows a lawful arrest; where stop-and-frisk is based on a reasonable suspicion; where items that are seized were in plain view; where items that are seized were delivered to the law enforcement by a private individual; and, where there are exigent circumstances, such as threat to public safety or danger of loss of evidence.

Black Boxes: Event Data Recorder Rulemaking for Automobiles

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Defense counsel asked: “Why were you taken out of high school in handcuffs?” Powell revealed that he had been involved in a juvenile adjudication. They naively appealed to the family court thinking the court's purpose was to protect victims like her from a perpetrator's abuse. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales."

Medical-Legal Evaluation of Hearing Loss

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It is important to remember that, in the context of criminal cases, the CRE generally only apply at trial. The statement in this case was thus inadmissible: 1. then the interrogation must stop. Defendants under 16 can give evidence by closed circuit television only if the court is satisfied that the child would suffer mental or emotional harm if evidence was given in the traditional way, or if the facts would be better ascertained if evidence was given by closed circuit television: s. 19.