Fabricating Evidence
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Fabricating Evidence
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified Evidence (law), evidence could be created by either side in a case (including the police/prosecution in a criminal law, criminal case), or by someone sympathetic to either side. Misleading by motion to suppress, suppressing evidence can also be considered a form of false evidence (lying by omission, by omission); however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location. The analysis of evidence (forensic evidence) may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work involved. Parallel construction is a form of false evidence in which the evidence is truthful but its origins are untruthfully described, at times in orde ...
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Verdict
In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman language, Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the Grammatical gender, neuter past participle of ''dīcere'', to say). Criminal law In a Criminal law, criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts ...
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Person Of Interest
"Person of interest" is a term used by law enforcement in the United States, Canada, and other countries when identifying someone possibly involved in a criminal investigation who has not been arrested or formally accused of a crime. It has no legal meaning, but refers to someone in whom the police are "interested", either because the person is cooperating with the investigation, may have information that would assist the investigation, or possesses certain characteristics that merit further attention. While terms such as '' suspect'', ''target'', and ''material witness'' have clear and sometimes formal definitions, ''person of interest'' remains undefined by the U.S. Department of Justice. ''Unsub'' is a similar term which is short for "unknown subject" (used in the TV show ''Criminal Minds''). ''Person of interest'' is usually used as a euphemism for '' suspect'', and its careless use may encourage trials by media. With respect to terrorism investigations, Eric Lichtblau wrote ...
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Tampering With Evidence
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions. Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice, and these two kinds of crimes are often charged together. The goal of tampering with evidence is usually to cover up a crime or with intent to injure the accused person. Spoliation Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. The spoliation inference is a negative evi ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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DNA Testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or through biochemical analysis to measure specific protein output. In a medical setting, genetic testing can be used to diagnose or rule out suspected genetic disorders, predict risks for specific conditions, or gain information that can be used to customize medical treatments based on an individual's genetic makeup. Genetic testing can also be used to determine biological relatives, such as a child's biological parentage (genetic mother and father) through DNA paternity testing, or be used to broadly predict an individual's ancestry. Genetic testing of plants and animals can be used for similar reasons as in humans (e.g. to assess relatedness/ancestry or predict/diagnose genetic disorders), to gain information used for selective breeding, o ...
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Juan Rivera (wrongful Conviction)
Juan A. Rivera Jr. (born October 31, 1972) is an American man who was wrongfully convicted three times for the 1992 rape and murder of 11-year-old Holly Staker in Waukegan, Illinois. He was convicted twice on the basis of a confession that he said was coerced. No physical evidence linked him to the crime scene. In 2015 he received a $20 million settlement from Lake County, Illinois for wrongful conviction, formerly the largest settlement of its kind in United States history. DNA testing done in 2004 on semen taken from the crime scene ruled out Rivera as the source. However, the prosecution argued that Staker had been sexually active and the semen sample came from her previous consensual sex with another man. Rivera was convicted a third time. His conviction was overturned by the appellate court. Because the court ruled that there had been insufficient evidence adduced at trial to sustain a conviction, the Double Jeopardy Clause barred prosecutors from retrying Rivera. He was re ...
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Waukegan, Illinois
''(Fortress or Trading Post)'' , image_flag = , image_seal = , blank_emblem_size = 150 , blank_emblem_type = Logo , subdivision_type = Country , subdivision_type1 = State , subdivision_type2 = Counties , subdivision_name = United States , subdivision_name1 = Illinois , subdivision_name2 = Lake , government_type = Mayor–council , leader_title = Mayor , leader_name = Ann B. Taylor , area_magnitude = , area_total_sq_mi = 24.47 , area_land_sq_mi = 24.22 , area_water_sq_mi = 0.26 , area_water_percent = 0.99 , area_urban_sq_mi = , area_metro_sq_mi = , population_as_of = 2020 , population_total = 89321 , population_rank = 10th largest in Illinois390th largest in U.S. , population_footnotes = , population_density_sq_mi = 3688.36 , population_metro ...
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Cover-up
A cover-up is an attempt, whether successful or not, to conceal evidence of wrongdoing, error, incompetence, or other embarrassing information. Research has distinguished personal cover-ups (covering up one's own misdeeds) from relational cover-ups (covering up someone else's misdeeds). The expression is usually applied to people in positions of authority who abuse power to avoid or silence criticism or to deflect guilt of wrongdoing. Perpetrators of a cover-up (initiators or their allies) may be responsible for a misdeed, a breach of trust or duty, or a crime. While the terms are often used interchangeably, ''cover-up'' involves withholding incriminatory evidence, while ''whitewash'' involves releasing misleading evidence. See also Misprision. A cover-up involving multiple parties is a type of conspiracy. Modern usage When a scandal breaks, the discovery of an attempt to cover up the truth is often regarded as even more reprehensible than the original deeds. The mi ...
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Montgomery, Alabama
Montgomery is the capital city of the U.S. state of Alabama and the county seat of Montgomery County. Named for the Irish soldier Richard Montgomery, it stands beside the Alabama River, on the coastal Plain of the Gulf of Mexico. In the 2020 census, Montgomery's population was 200,603. It is the second most populous city in Alabama, after Huntsville, and is the 119th most populous in the United States. The Montgomery Metropolitan Statistical Area's population in 2020 was 386,047; it is the fourth largest in the state and 142nd among United States metropolitan areas. The city was incorporated in 1819 as a merger of two towns situated along the Alabama River. It became the state capital in 1846, representing the shift of power to the south-central area of Alabama with the growth of cotton as a commodity crop of the Black Belt and the rise of Mobile as a mercantile port on the Gulf Coast. In February 1861, Montgomery was chosen the first capital of the Confederate States of ...
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Royal Pardon
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction. Officially, this is a power of the monarch. Formally, in Commonwealth realms, this has been delegated to the governor-general of the realm, which in practice means to government ministers who advise the monarch or viceroy, usually those responsible for justice. Specifically, it has been delegated to the Lord Chancellor in England and Wales, the Scottish Ministers in Scotland, and the federal and provincial cabinets in Canada, in respect of fed ...
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Arthur Allan Thomas
Arthur Allan Thomas (born 2 January 1938) is a New Zealand man who was granted a Royal Pardon and compensation after being wrongfully convicted of the murders of Harvey and Jeannette Crewe in June 1970. Thomas was married and farming a property in the Pukekawa district, south of Auckland before the case. Following the revelation that the crucial evidence against him had been faked, Thomas was pardoned in 1979 and awarded NZ$950,000 in compensation for his 9 years in prison and loss of earnings. Campaign to overturn the convictions There were numerous inconsistencies in the evidence, which led to an outcry among elements in the farming community and among relatives of Thomas and his wife, Vivien Thomas. That led to the formation of the Arthur Thomas Retrial Committee. The report by a retired judge, Sir George MacGregor, which rejected the appeal for a retrial, was also riddled with inconsistencies and inaccuracies. However, a report on that by journalist Terry Bell, then deputy e ...
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