Mistaken Identity
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Mistaken Identity
Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendant, when in fact the person seen by the witness was someone else. The defendant may question both the memory of the witness (suggesting, for example, that the identification is the result of a false memory), and the perception of the witness (suggesting, for example, that the witness had poor eyesight, or that the crime occurred in a poorly lit place). Because the prosecution in a criminal case must prove the guilt of the accused beyond a reasonable doubt, the defendant must convince the jury that there is reasonable doubt about whether the witness actually saw what they claim to have seen, or recalls having seen. Although scientific studies have shown that mistaken identity is a common phenomenon, jurors give very strong credence to eyewit ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Adolf Beck
The Adolf Beck case was a notorious incident of wrongful conviction by mistaken identity, brought about by unreliable methods of identification, erroneous eyewitness testimony, and a rush to convict the accused. As one of the best known causes célèbres of its time, the case led to the creation of the English Court of Criminal Appeal in 1907.Criminal Appeal Act, 1907 (U.K.), 7 Edw. VII, c. 23. Biographical background Adolf (or Adolph) Beck was born in Norway in 1841, and educated as a chemist. However, he went to sea soon afterwards and moved to England in 1865, working as a clerk to a shipping broker. In 1868 he moved to South America, where he made a living for a while as a singer, then became a shipbroker, and also engaged in buying and selling houses. He soon amassed a considerable amount of savings, at one time earning £8,000 as commission for a sale of a Spanish concession in the Galapagos Islands. He returned to England in 1885 and engaged in various financial schemes ...
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Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a Court of Law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definitio ...
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Gaslighting
Gaslighting is a colloquialism, loosely defined as manipulating someone so as to make them question their own reality. The term derives from the title of the 1944 American film ''Gaslight'', which was based on the 1938 British theatre play ''Gas Light'' by Patrick Hamilton, though the term did not gain popular currency in English until the mid-2010s. The term may also be used to describe a person (a "gaslighter") who presents a false narrative to another group or person, thereby leading them to doubt their perceptions and become misled, disoriented or distressed. Often this is for the gaslighter's own benefit. Normally, this dynamic is possible only when the audience is vulnerable, such as in unequal power relationships, or fearful of the losses associated with challenging the false narrative. Etymology The term "gaslighting" derives from the title of the 1944 American film ''Gaslight'', in which a husband uses trickery to convince his wife that she is mentally unwell so he ca ...
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Clarence Elkins
Clarence Arnold Elkins Sr. (born January 19, 1963) is an American man who was wrongfully convicted of the 1998 rape and murder of his mother-in-law, Judith Johnson, and the rape and assault of his wife's niece, Brooke Sutton. He was convicted solely on the basis of the testimony of his wife's six-year-old niece who testified that Elkins was the perpetrator. Brooke later voiced doubts about her identification, claiming that in her initial statement when she said "He looked like uncle Clarence", she simply meant that he reminded her of Elkins as opposed to being a positive identification and that she only identified him in her testimony at the urging of Summit County Prosecutor Maureen O'Connor (now Chief Justice of the Ohio Supreme Court) and the main courtroom prosecutor, Michael Carroll. Brooke recanted her statement and Elkins appealed on that basis, but his appeal was denied. The family finally gathered funding to test DNA found at the scene and he was excluded. Once again, ...
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Shaggy Defense
A Shaggy defense is a legal defense strategy in which a person denies an accusation with the simple defense of "it wasn't me", despite overwhelming evidence to the contrary. The strategy's name is derived from reggae musician Shaggy's 2000 single "It Wasn't Me", which narrates a story of shamelessly denying one's infidelity; it was coined by ''Slate'' writer Josh Levin in 2008 to describe the defense tactics used by singer, songwriter, and producer R. Kelly while on trial for child pornography charges. Origin "It Wasn't Me" by reggae musician Shaggy was released in September 2000 as the first single from his fifth album '' Hot Shot'', eventually reaching #1 on the ''Billboard'' Hot 100 and other countries. The lyrics of the song depict one man asking his friend what to do after his girlfriend catches him having sex with another woman. His friend's advice is to deny everything, despite clear evidence to the contrary, with the phrase "It wasn't me". As the narrator describes all ...
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South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = Greenville (combined and metro) Columbia (urban) , BorderingStates = Georgia, North Carolina , OfficialLang = English , population_demonym = South Carolinian , Governor = , Lieutenant Governor = , Legislature = General Assembly , Upperhouse = Senate , Lowerhouse = House of Representatives , Judiciary = South Carolina Supreme Court , Senators = , Representative = 6 Republicans1 Democrat , postal_code = SC , TradAbbreviation = S.C. , area_rank = 40th , area_total_sq_mi = 32,020 , area_total_km2 = 82,932 , area_land_sq_mi = 30,109 , area_land_km2 = 77,982 , area_water_sq_mi = 1,911 , area_water_km2 = 4,949 , area_water_percent = 6 , population_rank = 23rd , population_as_of = 2022 , 2010Pop = 5282634 , population ...
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Holmes V
Holmes may refer to: Name * Holmes (surname) * Holmes (given name) * Baron Holmes, noble title created twice in the Peerage of Ireland * Chris Holmes, Baron Holmes of Richmond (born 1971), British former swimmer and life peer Places In the United States * Holmes, California, an unincorporated community * Holmes, Iowa, an unincorporated community * Holmes, Kentucky, an unincorporated community * Holmes, Pennsylvania, an unincorporated community * Holmes, a hamlet within Pawling (town), New York * Holmes Township, Michigan * Holmes City Township, Minnesota * Holmes Township, Crawford County, Ohio * Holmes County, Florida * Holmes County, Mississippi * Holmes County, Ohio * Mount Holmes, Yellowstone National Park, Wyoming * Fort Holmes, Mackinac Island, Michigan * Holmes Island (Indiana), an island and community * Holmes Island (Washington), an island * Holmes Reservation, a conservation parcel in Plymouth, Massachusetts In Antarctica * Holmes Summit * Holmes Glacier * Holm ...
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Alibi
An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of CCTV, etc.). During a criminal trial, an alibi is a defence raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offence was committed. The ''Criminal Law Deskbook'' of Criminal Procedure states: "Alibi is different from all of the other defences; it is based upon the premise that the defendant is truly innocent." Duty to disclose In some legal jurisdi ...
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Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To ...
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State Of North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and South Carolina to the south, and Tennessee to the west. In the 2020 census, the state had a population of 10,439,388. Raleigh is the state's capital and Charlotte is its largest city. The Charlotte metropolitan area, with a population of 2,595,027 in 2020, is the most-populous metropolitan area in North Carolina, the 21st-most populous in the United States, and the largest banking center in the nation after New York City. The Raleigh-Durham-Cary combined statistical area is the second-largest metropolitan area in the state and 32nd-most populous in the United States, with a population of 2,043,867 in 2020, and is home to the largest research park in the United States, Research Triangle Park. The earliest evidence of human occupation in N ...
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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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