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Exculpatory
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, inve ... [...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] |
Prosecutors
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretrial Discovery
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inculpatory Evidence
Inculpatory evidence is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution's case or the defendant's case. Evidence that tends to show a person's innocence is considered exculpatory evidence. For example, if a man is poisoned to death by an overdose of arsenic Arsenic is a chemical element with the symbol As and atomic number 33. Arsenic occurs in many minerals, usually in combination with sulfur and metals, but also as a pure elemental crystal. Arsenic is a metalloid. It has various allotropes, ..., and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife. The bottle of arsenic in his wife's purse could also be considered exculpatory evidence, tending to show the man's innocence as far as suicide is concerned. Referenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brady V
Brady may refer to: People * Brady (surname) * Brady (given name) * Brady (nickname) * Brady Boone, a ring name of American professional wrestler Dean Peters (1958–1998) Places in the United States * Brady, Montana, a census-designated place and unincorporated community * Brady, Nebraska, a village * Brady, Texas, a city * Brady, Washington, a census-designated place * Brady Township (other) * Brady Lake (Ohio) * Brady Creek Reservoir, also known as Brady Lake and Brady Reservoir, McCulloch County, Texas Arts and entertainment * "Duncan and Brady", also known as "Brady", a traditional murder ballad * The fictional Brady family, in the American television show ''The Brady Bunch'' and various sequels and spinoffs * Brady Black, a character in the American soap opera ''Days of Our Lives'' Companies * Brady Corporation, a manufacturer of products for identifying components used in workplaces * Brady Drum Company, a manufacturer of drums in Western Australia ... [...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] |
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] |
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] |
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] |
