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Rape Shield Law
A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim. Australia In Australia, all states and mainland territories have rape shield laws that limit the admission of evidence in criminal proceedings where someone is charged with a sexual offence. The principal aims of these laws are to: *prohibit the admission of evidence of a complainant’s sexual reputation; *prevent the use of sexual history evidence to establish the complainant as a ‘type’ of person who is more likely to consent to sexual activity; and *exclude the use of a complainant’s sexual history as an indicator of the complainant’s truthfulness. Canada In Canadian criminal proceedings in respect of a sexual assault, section 276(1) of the ''Criminal Code of Canada'' restricts the admissibility of evidence that the compla ...
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Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examini ...
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Evidentiary Hearing
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more fre ...
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Cox Broadcasting Corp
Cox may refer to: * Cox (surname), including people with the name Companies * Cox Enterprises, a media and communications company ** Cox Communications, cable provider ** Cox Media Group, a company that owns television and radio stations ** Cox Automotive, an Atlanta-based business unit of Cox Enterprises * Cox Models, aka Cox Hobbies * Cox Sports, a regional sports network that served the United States New England region until 2012 Places Antarctica * Cox Glacier * Cox Nunatak * Cox Peaks * Cox Point * Cox Reef United States * Cox, Florida * Cox, Missouri * Cox College (Georgia), a defunct private women's college located in College Park, Georgia * Cox College (Missouri), a private college in Springfield, Missouri * Cox Furniture Store, c. 1890, a historic site in Gainesville, Florida * Cox Furniture Warehouse, a historic site in Gainesville, Florida * Cox Run, a tributary of Little Muncy Creek in Lycoming County, Pennsylvania * Cox site Elsewhere * Cox Isla ...
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New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the " Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its su ...
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People V
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of p ...
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White House
The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. The term "White House" is often used as a metonym for the president and his advisers. The residence was designed by Irish-born architect James Hoban in the neoclassical style. Hoban modelled the building on Leinster House in Dublin, a building which today houses the Oireachtas, the Irish legislature. Construction took place between 1792 and 1800, using Aquia Creek sandstone painted white. When Thomas Jefferson moved into the house in 1801, he (with architect Benjamin Henry Latrobe) added low colonnades on each wing that concealed stables and storage. In 1814, during the War of 1812, the mansion was set ablaze by British forces in the Burning of Washington, destroying the interior and charring much of the exterior. Reconstr ...
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Violence Against Women Act
The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act, ) signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the Office on Violence Against Women within the U.S. Department of Justice. The bill was introduced by Representative Jack Brooks ( D- TX) in 1994 and gained support from a broad coalition of advocacy groups. The Act passed through both houses of the U.S. Congress with bipartisan support in 1994, although the following year House Republicans attempted to cut the Act's funding. In the 2000 U.S. Supreme Court case ''United States v. Morrison'', a sharply divided Court struck down the VAWA provision allowing women the righ ...
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Character Evidence
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. In the United States, Federal Rule of Evidence 404 maps out its permissible and prohibited uses in trials. Three factors typically determine the admissibility of character evidence: # the purpose the character evidence is being used for # the form in which the character evidence is offered # the type of proceeding ( civil or criminal) in which the character evidence is offered Purpose In the United States, character evidence may be offered at trial to: :1. prove character, if character is a substantive issue in the litigation ::admissibility of character evidence to prove character is ''not'' affected by the case's civil or criminal nature :2. prove, through circumstantial evidence, an aspect of an individual's conduct ::charact ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and th ...
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Crime Against Chastity
{{Refimprove, date=November 2007 Crimes against chastity are crimes involving sexual behavior. They include but are not limited to the following sexual acts, defined as such in the jurisdiction where they are prosecuted: *Adultery *Child sexual abuse *Prostitution *Sodomy *Rape *Abduction On April 6, 1967, birth control advocate Bill Baird was arrested in Boston, Massachusetts on charges of "crimes against chastity" for holding a lecture on birth control at Boston University and giving an unmarried female a condom and a contraceptive sponge. Baird served three months in prison but, in 1972, won a Supreme Court case, ''Eisenstadt v. Baird''. Massachusetts continues to have laws on "Crimes Against Chastity, Morality, Decency and Good Order", which includes laws against providing contraception or information on contraception to unmarried persons (Chapter 272, Section 21 & 21A), but the latter are now considered dead letter Dead letter mail or undeliverable mail is mail that ...
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False Accusation Of Rape
A false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. Although some studies attempt to characterize the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, the true percentage remains unknown due to the varying definitions of a "false accusation". Rates of false accusation are sometimes inflated or misrepresented due to conflation with terms such as ''unfounded''. These designations, which allow law enforcement to close cases without arriving at a conclusion, are used to describe reports without enough evidence, as opposed to cases where the accuser is not credible or says that the account is untrue. With regard to racism in the United States, false accusations of rape have been made by White women against African American men, with the Whites having greater influence in the judicial system, often resulting in wrongful convictions. Such incidents have historically le ...
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New Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is an independent Crown entity as defined in the Crown Entities Act 2004. The main objective of the Law Commission, as declared in its founding legislation, is to monitor and critically analyse the laws of New Zealand with a view to identifying—and proposing solutions to—their possible shortcomings. The Law Commission reviews, reforms and develops New Zealand law. It then makes recommendations to Government to improve the law. It also advises its Responsible Minister and government agencies on how to make the law more accessible and easier to understand. The Commission has a commitment to consult the public on areas of law that it reviews. It promotes discussion and consultation by publishing Issues Papers. It invites submissions from the public before it makes recommendations to the Responsible Minister. It publishes these recommendations in a report to Parliament. The Minis ...
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