When you go to court, you will give information (called “evidence”) to a judge who will decide your case. This evidence may include information you or someone else tells to the judge (“testimony”) as well as items like email and text messages, documents, photos, and objects (“exhibits”).
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To be able to convict someone of a crime, a prosecutor must gather evidence that shows the person committed that crime and convince a judge and jury of the fact. There are a variety of types of evidence used in a criminal trial. In order for a trial to be considered fair, the defendant and their attorney must know what evidence will be used against them so they have a chance …
In order to present your evidence, you must have a copy for the other party or his or her attorney. Your own copy will be provided to the court. Your documentary evidence must be able to show what it is, its origin, who produced it, why you have it and why it is relevant to your case. Different courts have different rules about marking exhibits.
No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...
Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...
No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...
Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....
The next step is to present the evidence in court. You first show the exhibit to the other party by supplying one of your copies to the party or his or her attorney. You then “lay the foundation” by having your witness or you inform the court how the evidence is relevant to the case. You must lay a foundation for an exhibit before the court will admit it. This requires a particular fact or event to occur before such an item is considered evidence. These facts and events help to show which information demonstrates that the particular exhibit is reliable and can be trusted.
Testimonial Evidence. One form of evidence that you may wish to present is testimonial evidence. This requires for you to call a witness to the stand before the judge or jury. Some common witnesses are the parties to the case, people who have records relevant to the case, experts who may provide an opinion about the case ...
The judge may ask you to comment on the objection. Direct your argument to the point raised by the other side and wait for a ruling on the objection. The judge determines whether to allow the exhibit or not. Once he or she makes the ruling, you can proceed. You may want to seek clarification if you are not sure whether the evidence was admitted.
Documentary Evidence. Evidence that is provided during a court proceeding is referred to as an “exhibit.”. In order to present your evidence, you must have a copy for the other party or his or her attorney. Your own copy will be provided to the court. Your documentary evidence must be able to show what it is, its origin, who produced it, ...
You must first show that the evidence is authentic and that it is what it purports to be. In a car accident case, a picture of a car accident scene must be proved to be a true representation of the scene.
Different courts have different rules about marking exhibits. The court clerk may supply you with stickers to attach to each piece of evidence. Other courts may have the clerk mark the exhibit during the proceeding.
You must have the exhibit marked, either as required at the beginning of the hearing or just before you present the evidence to the witness. Some courts require you to ask the judge to mark the exhibit for identification. Next, provide the other side with the copy of the evidence.
Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.
Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.
Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.
Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.
The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.
Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of blood evidence until shortly before trial.
Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.
In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding. Evidence -- crucial in both civil and criminal proceedings -- may include blood or hair samples, video surveillance recordings, or witness testimony.
One of your attorney's most vital tasks is to find evidence that best supports your case.
Circumstantial Evidence: Evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter can be reasonably inferred. Corroborating Evidence: Evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof ...
The main difference between the use of evidence in criminal and civil cases is the burden of proof . For a guilty verdict in a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt.". But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" ...
If evidence is procured illegally, such as during an unlawful police search, then that evidence ( and any other evidence it leads to) may not be used at trial. Evidence that is deemed irrelevant or prejudicial to a case also may be deemed inadmissible.
But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" (a lower threshold). Criminal Law. Personal Injury -- Plaintiff. If you have additional questions about the rules of evidence and its role in a legal proceeding, consider speaking with a criminal defense ...
Formally, testimonial evidence is provided by someone under oath. However, there are other types as well that happen outside of court that may be useful in a case or claim.
There are two overarching types of physical evidence: latent and patent.
When Attorney Earner was a Special Agent, he used samples collected from a persons shoe to grow a bacteria that was found in an area that the person said they were not ever in. There was no way for the bacteria to be present on their shoe if they weren’t actually there. It did not mean the person did something wrong, it was merely evidence that they lied about where they were at the time of the incident.
The key is that testimonial is any evidence where a human documents their personal account of what they saw, heard, felt, smelled, tasted, or had any sort relevant information about the incident or situation.
First, not all lawyers are equal in their ability to look for and gather it. Many are limited only to their own experiences. In other words, they don’t necessarily know what they don’t know. There is a requirement to think critical about what is potentially out there and also pay attention not only to what you can see (also called patent evidence), but also what you can’t see (latent evidence), and also be knowledgeable enough to recognize what the absence of actual evidence is telling you (negative).
Important note: When we discuss testimonial evidence in this article, we are talking collecting it in the investigation phase of a claim or case. Not the trial phase. When a person observes a situation and has information that is relevant, they will need to be present in court to testify in person and be available for cross examination. This is a critical part of the judicial process and a right that is guaranteed in the US Constitution as the Confrontation Clause in the Sixth Amendment (for criminal cases only), and as a fundamental right of Due Process Clause in the Fifth and Fourteenth Amendments (both criminal and civil). In a trial situation, a sworn statement is not the actual evidence, even though we (as lawyers) collect and evaluate them during the investigative phase of a case. It is an important distinction.
Very recently there was a man who was able to prove he did not commit a crime that carries a life sentence through the use of digital evidence. Watch his story.
The defense presents evidence in the same manner as the plaintiff or state, and the plaintiff or government in return has the right to cross-examine the defense's witnesses.
The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however, the defense will offer evidence. In a criminal case, the witnesses presented by the defense may or may not include the defendant.
There are a few, very limited circumstances in which a lawyer might not be able to show their client some evidence in a case against them. Usually, this relates to child abuse. Certain reports from agencies that investigate child abuse will be prohibited from disclosure to the alleged perpetrator.
If the attorney has evidence, his client certainly has a right to review it. Obviously, evidence from the minor victim that she had sex with the defendant will be a major part of the evidence. The other evidence seems to be phone records. He has an explanation for the phone records, supported apparently only by his mother.
Normally an attorney will explain all the evidence to a client. All material received in discovery should be reviewed with the client. The cell phone logs should be available and reviewable. Statements also fall in this category. It depends on what is discoverable as my colleague indicates. Sometime a letter to the Judge can clear such things up.
Regardless of the ambiguity in the definition of tribunal with respect to immigration agencies, it behooves a lawyer to ensure at the outset of the representation, and prior to filing an immigration application, that there is no false , misleading or inaccurate statement. For example, it always makes sense to meet with both the spouses, and run some typical questions by them, to ascertain that the marriage is bona fide prior to taking on the case and filing the applications.
In the immigration context, it may appear that a lawyer’s obligation to remedy a client’s fraud or false statement, if it was made to a tribunal, could last in perpetuity. It could result in draconian results, if say, a child or a spouse derived a green card, or even a derivative citizenship benefit innocently based on the false evidence that was submitted by the principal applicant. As I had suggested in my previous article, there are very good policy reasons to limit the obligation to the end of the proceeding, or at least when the statutory limit for filing a motion to reopen has passed. As time passes, the undoing of previously committed fraud implicates the status and rights of other people, such as spouses, children and other relatives. Indeed, even the Board of Immigration Appeals has held in an unpublished decision, Matter of Gumapas, that a person who became a citizen through fraud is still a citizen, and can sponsor a spouse for permanent residence. The imposition of such a limitless obligation on an attorney would also diminish the purpose of the ethics rules themselves in preventing fraudulent representations to the tribunal. In this example, the lawyer acted in good faith before the tribunal even though the client may have presented false evidence without the knowledge of the lawyer. Also, there are other processes in place that can rectify the situation, such as the government’s ability to commence de-naturalization proceedings against her through their own investigations, without relying on the attorney to inform them. And last, there are reasons to end the obligation at the conclusion of the proceeding similar to why statutes of limitation exist. Over time, witnesses and documents may not be available and memories fade. This author has heard speeches by distinguished personalities whose parents may have entered the US as immigrants where they wax lyrical about how their parents perpetrated a small misrepresentation in order to immigrate to the US so that their children could succeed and realize the American dream. If a lawyer who represented this distinguished person’s parents is in the audience, is this lawyer today under a 3.3 obligation to inform the relevant immigration agency regarding the parent’s fraud even if the parent is deceased?