Silent Witness Rule
The silent witness rule is the use of "substitutions" when referring to sensitive information in the United States open courtroom jury trial system. An example of a substitution method is the use of code-words on a "key card", to which witnesses and the jury would refer during the trial, but which the public would not have access to. The rule is an evidentiary doctrine that tries to balance the state secrets privilege with the bill of rights (especially the right of the accused to a public trial, and the right to due process). In practice the rule has been rarely used and was often challenged by judges and civil rights advocates. Its use remains controversial. Background The conflict between the open court and state secrets privilege goes back to at least 1802 and ''Marbury v. Madison''. Under the privilege, the government can dismiss any charges against it by claiming that important state secrets would be revealed at trial. In 1980 the Classified Information Procedures Act (C ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Rules Of Evidence
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 showi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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United States Government Secrecy
The United States government classification system is established under Executive Order 13526, the latest in a long series of executive orders on the topic beginning in 1951. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the regulations codified to 32 C.F.R. 2001. It lays out the system of classification, declassification, and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments. The desired degree of secrecy about such information is known as its sensitivity. Sensitivity is based upon a calculation of the damage to national security that the release of the information would cause. The United States has three levels of classification: Confidential, Secret, and Top Secret. Each level of classification indicates an increasing degree of sensitivity. Thus, if one holds a Top Secret security clear ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Federation Of American Scientists
The Federation of American Scientists (FAS) is an American nonprofit global policy think tank with the stated intent of using science and scientific analysis to attempt to make the world more secure. FAS was founded in 1946 by scientists who worked on the Manhattan Project to develop the first atomic bombs. The Federation of American Scientists aims to reduce the amount of nuclear weapons that are in use, and prevent nuclear and radiological terrorism. They hope to present high standards for nuclear energy's safety and security, illuminate government secrecy practices, as well as track and eliminate the global illicit trade of conventional, nuclear, biological and chemical weapons. With 100 sponsors, the Federation of American Scientists says that it promotes a safer and more secure world by developing and advancing solutions to important science and technology security policy problems by educating the public and policy makers, and promoting transparency through research and ana ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Public Trial
Public trial or open trial is a trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial. United States The Sixth Amendment to the United States Constitution establishes the right of the accused to a public trial. The right to a public trial is strictly enforced, but is not absolute. Trials may in exceptional cases be regulated. Closures are decided case-by-case by the judge evaluating a claimed danger to a substantial or legitimate public interest. But whatever the interest at stake, the likelihood of danger to that interest must meet a "‘substantial probability’ test". Examples of cases presenting closure issues include organized crime cases (overall security concerns), rape cases (decency concerns), juvenile cases,Overview of the Sixth Amendment rights ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Totten V
Totten may refer to: Places * Totten (mountain), a mountain in Hemsedal, Norway * Fort Totten (other) * Totten Glacier, Antarctica * Totten Inlet, Puget Sound, Washington, United States * Totten Key, island in the Florida Keys, United States * Totten Prairie, Illinois, United States People * Alex Totten, Scottish football player and manager * Archibald W. O. Totten (1809–1867), Justice of the Tennessee Supreme Court * Charles Adelle Lewis Totten, (1851–1908), American military officer, and influential early advocate of British Israelism * Donald L. Totten (1933–2019), an American politician and mechanical engineer * George Muirson Totten, (1809–1884), American civil engineer * George Oakley Totten Jr. (1866–1939), an American architect * Henry Totten (1824–1899), an American politician and businessman * Henry Roland Totten, (1892–1975), an American botanist * James Totten, (1818–1871), an officer in the Union Army and Missouri militia general during the A ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. '' United States v. Reynolds'', which involved alleged military secrets, was the first case that saw formal recognition of the privilege. Following a claim of "state secrets privilege", the court rarely conducts an ''in camera'' examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion. The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case. Function The purpose of the state secrets privile ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Jesselyn Radack
Jesselyn Radack (born December 12, 1970) is an American national security and human rights attorney known for her defense of whistleblowers, journalists, and hacktivists. She graduated from Brown University and Yale Law School and began her career as an Honors Program attorney at the U.S. Department of Justice. She is notable for defending prominent whistleblowers, including National Security Agency whistleblowers Edward Snowden and Thomas Drake, each of whom was charged under the Espionage Act of 1917, as well as for her own experience as a whistleblower at the U.S. Department of Justice. While at the Justice Department, she disclosed that the Federal Bureau of Investigation (FBI) committed an ethics violation in their interrogation of John Walker Lindh (the "American Taliban" captured during the 2001 invasion of Afghanistan) without an attorney present, and alleged that the Department of Justice attempted to suppress that information. The Lindh case was the first major terror ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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El-Masri V
Masri, Masry or Al-Masri ( ar, المصري, commonly spelled by Egyptians, ) is an Arabic surname meaning the Egyptian and may refer to: Al-Masri * Sama El Masri, Egyptian belly dancer * Hadi Al Masri (born 1986), Syrian footballer * Hamdi Al Masri (born 1986), Syrian footballer * Abu Ayyub al-Masri, Egyptian Islamic Jihad and al-Qaeda member * Abu Hamza al-Masri, Muslim extremist cleric in prison in the United Kingdom * Abu Khayr al-Masri, Egyptian al-Qaeda leader * Abu Osama al-Masri, Egyptian Muslim cleric and leader of the Islamic State in Iraq and the Levant (ISIL or ISIS) branch in the Sinai Peninsula * Abu Ubaidah al-Masri (died 2007), an al-Qaeda operative in Pakistan * Abu Zubair al-Masri, an al-Qaeda operative originally from Egypt * Khalid al-Masri, suspected al-Qaeda member * Khalid El-Masri, German citizen of Lebanese origin formerly detained by the United States after extraordinary rendition * Mohammad Hasan Khalil al-Hakim, alias Abu Jihad al-Masri, the propaganda ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Press-Enterprise Co
''The Press-Enterprise'' is a paid daily newspaper published by Digital First Media that serves the Inland Empire in Southern California. Headquartered in downtown Riverside, California, it is the primary newspaper for Riverside County, with heavy penetration into neighboring San Bernardino County. The geographic circulation area of the newspaper spans from the border of Orange County to the west, east to the Coachella Valley, north to the San Bernardino Mountains, and south to the San Diego County line. ''The Press-Enterprise'' is a member of the Southern California News Group. The newspaper traces its roots to ''The Press'', which began publishing in 1878, and ''The Daily Enterprise'', which started publishing in 1885. The two papers were merged into one company in 1931, but the company did not begin publishing a daily morning paper named ''The Press-Enterprise'' until 1983. A. H. Belo acquired the company in 1998. In October 2013, A.H. Belo announced that it had reached an ag ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that ''"in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him."'' The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. In 2004, the Supreme Court of the United States formulated a new test in ''Crawford v. Washington'' to determine whether the Confrontation Clause applies in a criminal case. The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in the ey ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Redaction
Redaction is a form of editing in which multiple sources of texts are combined and altered slightly to make a single document. Often this is a method of collecting a series of writings on a similar theme and creating a definitive and coherent work. The word is also used in the different sense of removing sensitive information from a document, also known as sanitization. This article is about the literary usage. Forms On occasion, the persons performing the redaction (the redactors) add brief elements of their own. The reasons for doing so are varied and can include the addition of elements to adjust the underlying conclusions of the text to suit the redactor's opinion, adding bridging elements to integrate disparate stories, or the redactor may add a frame story, such as the tale of Scheherazade which frames the collection of folk tales in ''The Book of One Thousand and One Nights''. Sometimes the source texts are interlaced, particularly when discussing closely related deta ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |