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Williams Rule
The ''Williams'' Rule is based on the holding in the Florida state case of '' Williams v. State'' in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant but is used to show motive, intent, knowledge, modus operandi, or lack of mistake. Following cases in the state have molded and defined the applicability of the ''Williams'' Rule in criminal cases. Varying standards of "relevance" seem to apply depending on the prong of the rule applied. The legislature of Florida has also codified the ''Williams'' Rule in Florida Statute section 90.404(2)(a). The federal analogue to Florida's ''Williams'' Rule is codified under rules 404(a)(2) and 404(b)(2) of the Federal Rules of Evidence. In ''Akers v. State,''Patrick Michael Akers v. State of Florida, 352 So.2d 97 (1977). https://www.leagle.com/decision/1977449352so2d971410. the Florida Fourth District Court of Appeal The Florid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to the south by the Straits of Florida and Cuba; it is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. Spanning , Florida ranks 22nd in area among the 50 states, and with a population of over 21 million, it is the third-most populous. The state capital is Tallahassee, and the most populous city is Jacksonville. The Miami metropolitan area, with a population of almost 6.2 million, is the most populous urban area in Florida and the ninth-most populous in the United States; other urban conurbations with over one million people are Tampa Bay, Orlando, and Jacksonville. Various Native American groups have inhabited Florida for at least 14,000 years. In 1513, Spanish explorer Juan Ponce de León became the first k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature. Under the Federal Rules of Evidence (United States) Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows: This definition incorporates the requirement that evidence be both material ("of consequence to the determination of the ... [...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] |
Collateral Crime
Collateral may refer to: Business and finance * Collateral (finance), a borrower's pledge of specific property to a lender, to secure repayment of a loan * Marketing collateral, in marketing and sales Arts, entertainment, and media * ''Collateral'' (album), an album by NERVO (2015) * ''Collateral'' (film), a thriller film starring Tom Cruise and Jamie Foxx (2004) * "Collateral" (''Justified''), an episode of the TV series ''Justified'' * ''Collateral'' (TV series), a four-part BBC television series (2018) Anatomy * Collateral ligament * a branch in an anatomical structure, e.g. the superior ulnar collateral artery or the prevertebral ganglia, also known as collateral ganglia * Collateral circulation, the alternate circulation around a blocked artery or vein via another path, such as nearby minor vessels See also * Collateral contract * Collateral damage * Collateral (kinship) * Collateral estoppel * Collateral management * Collateral source rule * Collateral successi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Modus Operandi
A ''modus operandi'' (often shortened to M.O.) is someone's habits of working, particularly in the context of business or criminal investigations, but also more generally. It is a Latin phrase, approximately translated as "mode (or manner) of operating". Term The term is often used in police work when discussing crime and addressing the methods employed by criminals. It is also used in criminal profiling, where it can help in finding clues to the offender's psychology. It largely consists of examining the actions used by the individuals to execute the crime, prevent its detection and facilitate escape.Douglas, J. E. and A. W. Burgess, A. G. Burgess, R. K. Ressler. ''Crime classification manual'' (John Wiley & Sons, 2006) , p. 19-21. A suspect's ''modus operandi'' can assist in their identification, apprehension, or repression, and can also be used to determine links between crimes.Berg, B.L. ''Criminal Investigation'' (McGraw Hill, 2008) In business, ''modus operandi'' is used ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Statutes
The ''Florida Statutes'' are the codified, statutory laws of Florida; it currently has 48 titles. A chapter in the Florida Statutes represents all of the relevant statutory law on a particular subject. The statutes are the selected reproduction of the portions of each session law, which are published in the ''Laws of Florida'', that have general applicability. While the legislature may create specific chapters, the Florida Office of Legislative Services' Division of Statutory Revision has the final authority to determine where the legislation will be codified and the location of the sections within the chapters. This is why some laws do not appear in the statutes where the bill identifies their placement. Since 1999, the Florida Statutes have been published in their entirety annually. Before then they were published bi-annually following each odd-year regular session and a supplement was published following each even-year regular session. The practice of publishing the Florida Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Fourth District Court Of Appeal
The Florida Fourth District Court of Appeal is headquartered in West Palm Beach, Florida. Its twelve judges have jurisdiction over cases arising in Palm Beach County, Broward County, St. Lucie County, Martin County, Indian River County, and Okeechobee County. History The Fourth District Court of Appeal was created in 1965, and located in Vero Beach. In 1967, the Legislature relocated the Fourth District to West Palm Beach, and the Court moved to its permanent site on Palm Beach Lakes Boulevard in 1970. Active Judges Former Judges Judicial Nominating Commission List of members on the Fourth District Court of Appeal Judicial Nominating Commission: *Debra Jenks, Chair (term expiring 2024) *Alexis M. Yarbrough, Vice Chair (term expiring 2024) *Rian Jensine Balfour (term expiring 2022) *David Keller (term expiring 2022) *Mark Miller (term expiring 2022) *Paul Lopez (term expiring 2022) *Susan H. Aprill (term expiring 2023) *Robert Allen (term expiring 2023) *Eric Yesner (term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Law
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the ''Laws of Florida'', and codified in the ''Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the ''Florida Administrative Register'' (FAR), which are in turn codified in the ''Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', ''Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
