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Smoking Gun
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught ''in flagrante delicto''. "Smoking gun" refers to the strongest kind of circumstantial evidence, as opposed to direct evidence. Direct evidence would include the entire action; i.e. the action of pulling the trigger, firing the gun, and the victim falling. Phrase origin The phrase originally came from the idea that finding a very recently fired (hence smoking) gun on the person of a suspect wanted for shooting someone would in that situation be nearly unshakable proof of having committed the crime. A variant of the phrase (as "smoking pistol") is used in the Sherlock Holmes story, "The Adventure of the Gloria Scott" (1893). Extended meaning In addition to this, its meaning has evolved in uses completely unrelated to criminal activity: for example, scientific evidence that is highly suggestive in favor of a particular hypothesis is s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smoking Gun Paget
Smoking is a practice in which a substance is burned and the resulting smoke is typically breathed in to be tasted and absorbed into the bloodstream. Most commonly, the substance used is the dried leaves of the tobacco plant, which have been rolled into a small rectangle of rolling paper to create a small, round cylinder called a cigarette. Smoking is primarily practised as a route of administration for recreational drug use because the combustion of the dried plant leaves vaporizes and delivers active substances into the lungs where they are rapidly absorbed into the bloodstream and reach bodily tissue. In the case of cigarette smoking, these substances are contained in a mixture of aerosol particles and gases and include the pharmacologically active alkaloid nicotine; the vaporization creates heated aerosol and gas into a form that allows inhalation and deep penetration into the lungs where absorption into the bloodstream of the active substances occurs. In some cultures, s ... [...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] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Flagrante Delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught red-handed" and "caught rapid" are English equivalents. Aside from the legal meaning, the Latin term is often used colloquially as a euphemism for someone being caught in the midst of sexual activity. Etymology The phrase combines the present active participle '' flagrāns'' (flaming or blazing) with the noun '' dēlictum'' (offence, misdeed, or crime). In this term the Latin preposition ''in'', not indicating motion, takes the ablative. The closest literal translation would be "in blazing offence", where " blazing" is a metaphor for vigorous, highly visible action. Worldwide Latin America In many Latin American countries, being caught ''in flagrante'' ( es, link=no, en flagrancia) is a common legal requirement for both detent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. A witness relates what they directly experienced, usually by sight or hearing, but also possibly through any sense including smell, touch or pain.''State v. Famber'', 214 S.W.2d 40 (Mo. 1947). Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. For example, a witness who testifies that they saw the defendant shoot a victim gives direct evidence. A witness who testifies that they saw the defendant fleeing the scene of the crime, or a forensics expert who says that ballistics proves that the defendant's gun shot the bullet that killed the victim, both give circumstantial evidence from which the defendant's guilt may be inferred. See also *Hearsay *In flagrante delicto *Smoking gun *Digital evidence In evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sherlock Holmes
Sherlock Holmes () is a fictional detective created by British author Arthur Conan Doyle. Referring to himself as a " consulting detective" in the stories, Holmes is known for his proficiency with observation, deduction, forensic science and logical reasoning that borders on the fantastic, which he employs when investigating cases for a wide variety of clients, including Scotland Yard. First appearing in print in 1887's ''A Study in Scarlet'', the character's popularity became widespread with the first series of short stories in ''The Strand Magazine'', beginning with " A Scandal in Bohemia" in 1891; additional tales appeared from then until 1927, eventually totalling four novels and 56 short stories. All but one are set in the Victorian or Edwardian eras, between about 1880 and 1914. Most are narrated by the character of Holmes's friend and biographer Dr. John H. Watson, who usually accompanies Holmes during his investigations and often shares quarters with him at the ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Adventure Of The Gloria Scott
"The Adventure of the ''Gloria Scott'' ", one of the 56 Sherlock Holmes short stories written by Sir Arthur Conan Doyle, is one of 12 stories in the cycle collected as ''The Memoirs of Sherlock Holmes''. It was first published in ''The Strand Magazine'' in the United Kingdom in April 1893, and in ''Harper's Weekly'' in the United States on 15 April 1893. It is chronologically the earliest case in Sherlock Holmes canon. This story is related mainly by Holmes rather than Watson, and is the first case to which Holmes applied his powers of deduction, having treated it as a mere hobby until this time. This is one of numerous Sherlock Holmes stories in which a protagonist is haunted by an old acquaintance for an old crime. The others include "The Boscombe Valley Mystery" " Black Peter", "The Sign of Four", "The Five Orange Pips", " The Resident Patient", etc. It is also one of his many stories that deal with the fate of characters who return to England after having spent time abroad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national " newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merriam-Webster
Merriam-Webster, Inc. is an American company that publishes reference books and is especially known for its dictionaries. It is the oldest dictionary publisher in the United States. In 1831, George and Charles Merriam founded the company as G & C Merriam Co. in Springfield, Massachusetts. In 1843, after Noah Webster died, the company bought the rights to ''An American Dictionary of the English Language'' from Webster's estate. All Merriam-Webster dictionaries trace their lineage to this source. In 1964, Encyclopædia Britannica, Inc. acquired Merriam-Webster, Inc. as a subsidiary. The company adopted its current name in 1982. History Noah Webster In 1806, Webster published his first dictionary, ''A Compendious Dictionary of the English Language''. In 1807 Webster started two decades of intensive work to expand his publication into a fully comprehensive dictionary, ''An American Dictionary of the English Language''. To help him trace the etymology of words, Webster learned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metaphors Referring To War And Violence
A metaphor is a figure of speech that, for rhetorical effect, directly refers to one thing by mentioning another. It may provide (or obscure) clarity or identify hidden similarities between two different ideas. Metaphors are often compared with other types of figurative language, such as antithesis, hyperbole, metonymy, and simile. One of the most commonly cited examples of a metaphor in English literature comes from the "All the world's a stage" monologue from ''As You Like It'': All the world's a stage, And all the men and women merely players; They have their exits and their entrances And one man in his time plays many parts, His Acts being seven ages. At first, the infant... :—William Shakespeare, ''As You Like It'', 2/7 This quotation expresses a metaphor because the world is not literally a stage, and most humans are not literally actors and actresses playing roles. By asserting that the world is a stage, Shakespeare uses points of comparison between the world and a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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