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Exculpatory Clause
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the ''Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, investig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Weisberg
Robert I. Weisberg is an American lawyer. He is an Edwin E. Huddleson, Jr. Professor of Law at Stanford Law School, and an expert on criminal law and criminal procedure, as well as a leading scholar in the law and literature movement. Weisberg was educated at Bronx High School of Science, and received his B.A. from City College of New York in 1966. He obtained his M.A. and Ph.D. degrees in English from Harvard University in 1967 and 1971. After graduation, he taught English at Skidmore College from 1970 to 1976. Weisberg left to attend Stanford Law School, where he received a J.D. in 1979 and was the Editor-in-Chief of the ''Stanford Law Review''. He then served as a law clerk for Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit, followed by Justice Potter Stewart of the U.S. Supreme Court during the 1980 Term. In 1981, he joined the faculty at Stanford Law School, where he has won numerous teaching awards, served as special assistant to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Stinchcombe
''R v Stinchcombe'', [1991] 3 S.C.R. 326 is a landmark Supreme Court of Canada decision on the disclosure of evidence in a trial and is considered by most to be one of the most significant criminal law cases of the decade. The Court found that the Crown had a duty to provide the defence with all evidence that could possibly be relevant to the case, regardless of whether the Crown plans to call that evidence at trial or not, or whether it helps or hurts the Crown's case. This case put to rest the long-standing issue of whether the Crown could purposely deny the defence evidence that the Crown found would be harmful to their case. Background William Stinchcombe, a lawyer, was charged with theft and fraud. One of the Crown's witnesses, a former secretary of Stinchcombe's, had given evidence at the preliminary inquiry that supported the defence's position. Later a statement was taken from her by an RCMP officer, however, at trial the defence was denied access to the contents of the stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Giglio V
Giglio could refer to: *Giglio Island, an Italian island and municipality of Tuscany **Giglio Castello, Giglio Porto and Giglio Campese: hamlets of the island *'' Giglio v. United States'', a U.S. Supreme Court criminal procedure case *Santa Maria Zobenigo, or Santa Maria del Giglio, a church in Venice, Italy *Stadio Giglio, a multi-purpose stadium in Reggio Emilia, Italy *as a first name **Giglio Gregorio Giraldi (1479–1552), Italian scholar and poet *as a surname ** Bruno Giglio de Oliveira (born 1985), known as Oliveira, Brazilian central defender **Ermanno Giglio-Tos (1865–1926), Italian entomologist **Frank Giglio (born 1933), American politician **Giovanni del Giglio (15th century–1557), Italian painter **Joe Giglio (born 1967/8), Maltese politician **Joseph Giglio (born 1954), American politician **Louie Giglio (born 1958), American pastor **Luis di Giglio (born 1989), Italian cricketer **Maurizio Giglio (1920–1944), Italian soldier, policeman and secret agent for the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brady Disclosure
''Brady'' disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case ''Brady v. Maryland'', in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following ''Brady'', the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution. In practice this doctrine has often proved difficult to enforce. Some states have established their own laws to try to strengthen enforcement against prosecutorial misconduct in this area. Definition of the ''Brady'' rule The ''Brady'' doctrine is a pretrial discovery rule that wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated US slang). However, in official definition, the perpetrator is the robber, assailant, counterfeiter, etc.—the person who committed the crime. The distinction between suspect and perpetrator recognizes that the suspect is not ''known'' to have committed the offense, while the perpetrator—who may not yet have been suspected of the crime, and is thus not necessarily a suspect—is the one who did. The suspect may be a different person from the perpetrator, or there may have been no actual crime, which would mean there is no perpetrator. A common error in police reports is a witness description of the suspect (as a witness generally describes a perpetrator, while a mug shot is of a suspect). Frequently it is stated that police are looking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Publishing
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing a much-appreciated index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Case
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was a legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–5, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied criminology in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
