1.17 Evidence and Property Disposition Training Module
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Federal Rules of Evidence: 801-03, 901
FEDERAL RULES OF EVIDENCE: 801-03, 901 Rule 801. Definitions The following definitions apply under this article: (a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A "declarant" is a person who makes a statement. (c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (d) Statements which are not hearsay. A statement is not hearsay if-- (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross- examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or (2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. -
Rule 609: Impeachment by Evidence of Conviction of a Crime
RULE 609: IMPEACHMENT BY EVIDENCE OF CONVICTION OF A CRIME Jessica Smith, UNC School of Government (Feb. 2013). Contents I. Generally .........................................................................................................................1 II. For Impeachment Only. ...................................................................................................2 III. Relevant Prior Convictions. .............................................................................................2 A. Rule Only Applies to Certain Classes of Convictions .............................................2 B. Out-of-State Convictions ........................................................................................3 C. Prayer for Judgment Continued (PJC) ...................................................................3 D. No Contest Pleas ...................................................................................................3 E. Charges Absent Convictions ..................................................................................3 F. Effect of Appeal .....................................................................................................3 G. Reversed Convictions ............................................................................................3 H. Pardoned Offenses ................................................................................................3 I. Juvenile Adjudications ...........................................................................................3 J. Age -
Video Evidence a Primer for Prosecutors
Global Justice Information Sharing Initiative Video Evidence A Primer for Prosecutors Even ten years ago, it was rare for a court case to feature video evidence, besides a defendant’s statement. Today, with the increasing use of security cameras by businesses and homeowners, patrol-car dashboard and body-worn cameras by law enforcement, and smartphones and tablet cameras by the general public, it is becoming unusual to see a court case that does not include video evidence. In fact, some estimate that video evidence is involved in about 80 percent of crimes.1 Not surprisingly, this staggering abundance of video brings with it both opportunities and challenges. Two such challenges are dealing with the wide variety of video formats, each with its own proprietary characteristics and requirements, and handling the large file sizes of video evidence. Given these obstacles, the transfer, storage, redaction, disclosure, and preparation of video evidence for evidentiary purposes can stretch the personnel and equipment resources of even the best-funded prosecutor’s office. This primer provides guidance for managing video evidence in the office and suggests steps to take to ensure that this evidence is admissible in court. Global Justice Information Sharing Initiative October 2016 Introduction The opportunities inherent in video evidence cannot be overlooked. It is prosecutors who are charged with presenting evidence to a jury. Today, juries expect video to be presented to them in every case, whether it exists or not.2 As a result, prosecutors must have the resources and technological skill to seamlessly present it in court. Ideally, prosecutors’ offices could form specially trained litigation support units, which manage all video evidence from the beginning of the criminal process through trial preparation and the appellate process. -
In Praise of Statutes of Limitations in Sex Offense Cases James Herbie Difonzo Maurice A
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2004 In Praise of Statutes of Limitations in Sex Offense Cases James Herbie DiFonzo Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation James Herbie DiFonzo, In Praise of Statutes of Limitations in Sex Offense Cases, 41 Hous. L. Rev. 1205 (2004) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/461 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. ARTICLE IN PRAISE OF STATUTES OF LIMITATIONS IN SEX OFFENSE CASES James Herbie DiFonzo* "Rapists Shouldn't Be Able to Run Out the Clock."' "'[DNA] is very, very reliable if you do two things right: if you test it right, and if you interpret the results right .... The problem is that jurors think it's absolute and infallible.'"2 TABLE OF CONTENTS I. INTRODUCTION ................................................................... 1206 II. ARE STATUTES OF LIMITATIONS STILL RELEVANT IN THE AGE OF DNA? .......................................................... 1209 A. Limitations Policy Revisited ....................................... 1209 B. The Impact of DNA Technology on Limitations Policy in Sexual Offense Cases ................................... 1217 C. Indicting "JohnDoe, Unknown Male with Matching Deoxyribonucleic Acid (DNA) Profile"........ 1226 * Professor of Law, Hofstra University School of Law. J.D., M.A., 1977, Ph.D., 1993, University of Virginia. E-mail: [email protected]. -
Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial
William & Mary Law Review Volume 37 (1995-1996) Issue 1 Article 10 October 1995 Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial Alan L. Adlestein Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Criminal Law Commons Repository Citation Alan L. Adlestein, Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial, 37 Wm. & Mary L. Rev. 199 (1995), https://scholarship.law.wm.edu/wmlr/vol37/iss1/10 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr CONFLICT OF THE CRIMINAL STATUTE OF LIMITATIONS WITH LESSER OFFENSES AT TRIAL ALAN L. ADLESTEIN I. INTRODUCTION ............................... 200 II. THE CRIMINAL STATUTE OF LIMITATIONS AND LESSER OFFENSES-DEVELOPMENT OF THE CONFLICT ........ 206 A. Prelude: The Problem of JurisdictionalLabels ..... 206 B. The JurisdictionalLabel and the CriminalStatute of Limitations ................ 207 C. The JurisdictionalLabel and the Lesser Offense .... 209 D. Challenges to the Jurisdictional Label-In re Winship, Keeble v. United States, and United States v. Wild ..................... 211 E. Lesser Offenses and the Supreme Court's Capital Cases- Beck v. Alabama, Spaziano v. Florida, and Schad v. Arizona ........................... 217 1. Beck v. Alabama-LegislativePreclusion of Lesser Offenses ................................ 217 2. Spaziano v. Florida-Does the Due Process Clause Require Waivability? ....................... 222 3. Schad v. Arizona-The Single Non-Capital Option ....................... 228 F. The Conflict Illustrated in the Federal Circuits and the States ....................... 230 1. The Conflict in the Federal Circuits ........... 232 2. The Conflict in the States .................. 234 III. -
The Admission of Government Agency Reports Under Federal Rule of Evidence 803(8)(C) by John D
The Admission of Government Agency Reports under Federal Rule of Evidence 803(8)(c) By John D. Winter and Adam P. Blumenkrantz or (B) matters observed pursuant having hearsay evidence admitted under to duty imposed by law as to which Rule 803(8)(c) follow from the justifica- matters there was a duty to report, tions for adopting the rule in the first excluding, however, in criminal cases place. The hearsay exception is premised matters observed by police officers on several conditions. First, the rule as- and other law enforcement person- sumes that government employees will nel, or (C) in civil actions . factual carry out their official duties in an honest 2 John D. Winter Adam P. Blumenkrantz findings resulting from an investiga- and thorough manner. This assump- tion made pursuant to authority tion results in the rule’s presumption of n product liability and other tort ac- granted by law, unless the sources of reliability. Second, the rule is based on the tions, plaintiffs may seek to introduce information or other circumstances government’s ability to investigate and re- Igovernment records or documents, indicate lack of trustworthiness. port on complex issues raised in many cas- federal and nonfederal alike, to establish es, from product liability claims to section one or more elements of their claims. In This article focuses specifically on 1983 actions against government officials. this regard, plaintiffs attempt to rely on the third prong of the rule: the use of Government agencies generally possess reports or letters written by government agency records in civil actions that result levels of expertise, resources, and experi- agencies responsible for overseeing the from an agency investigation made ence, including access to information that health, safety, and consumer aspects pursuant to authority granted by law. -
Criminal Procedure Code of the Republic of Armenia
(not official copy) CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA GENERAL PART Section One : GENERAL PROVISIONS CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE Article 1. Legislation Governing Criminal Proceedings Article 2. Objectives of the Criminal-Procedure Legislation Article 3. Territory of Effect of the Criminal-procedure Law Article 4. Effect of the Criminal-Procedure Law in the Course of Time Article 5. Peculiarities in the Effect of the Criminal-Procedure Law Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS Article 7. Legitimacy Article 8. Equality of All Before the Law Article 9. Respect for the Rights, Freedoms and Dignity of an Individual Article 10. Ensuring the Right to Legal Assistance Article 11. Immunity of Person Article 12. Immunity of Residence Article 13. Security of Property Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications Article 15. Language of Criminal Proceedings Article 16. Public Trial Article 17. Fair Trial Article 18. Presumption of Innocence Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right Article 20. Privilege Against Self-Incrimination (not official copy) Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes Article 23. Adversarial System of Criminal Proceedings Article 24. Administration of Justice Exclusively by the Court Article 25. Independent Assessment of Evidence CHAPTER 3. CONDUCT OF CRIMINAL CASE Article 26. Conduct of Criminal Case Article 27. The Obligation to institute a criminal case and resolution of the crime Article 28. -
STATE of OKLAHOMA STATUTE of LIMITATIONS (During COVID-19 Pandemic)
STATE OF OKLAHOMA STATUTE OF LIMITATIONS (during COVID-19 pandemic) Prepared by John C. Lennon PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, LLP 1109 N. Francis Ave Oklahoma City, OK 73106 Tel: (405) 235-1611 Email: [email protected] www.piercecouch.com 2020 EXTENDED CIVIL STATUTES OF LIMITATIONS DURING THIS TIME OF COVID-19 From March 16, 2020 through May 15, 2020, there was a tolling period in Oklahoma affecting the civil statutes of limitations. However, it is not entirely clear whether this tolling period affected only instances in which the statute of limitations would have expired during those 60 days, or if there is no such limitation – meaning the statute of limitations in all situations simply paused. The following information explains Oklahoma’s tolling period. On March 15, 2020, Governor Stitt issued Executive Order 2020-07 declaring an emergency in all 77 Oklahoma Counties because of the pandemic. This executive order did not mention the statute of limitations, nor any other aspect of civil procedure or the judiciary more generally. Nonetheless, the next day, referencing the Governor’s order, the Oklahoma Supreme Court and the Oklahoma Court of Criminal Appeals jointly issued their First Emergency Joint Order Regarding the Covid-19 State of Disaster, which suspended deadlines and limitations. Subsequently, the two courts issued two additional Emergency Joint Orders Regarding the Covid-19 State of Disaster. The third order, issued April 29, 2020, is the last word as of the date of this memorandum regarding the statute of limitations in connection with the pandemic. See Third Emergency Joint Order Reg. COVID-19, 462 P.3d 703, 2020 OK 23. -
1 General Submission Guidelines for Evidence Control Centers, LIMS, and Pre-Log System
KANSAS BUREAU OF INVESTIGATION Forensic Science Center Phone: 785-296-1137 2001 SW Washburn Avenue Fax: 785-368-6564 Topeka, KS 66604 EVIDENCE SUBMISSION GUIDELINES Table of Contents 1 General Submission Guidelines for Evidence Control Centers, LIMS, and Pre-Log System ........................................................................4 1.1 Case and Item Information Submission Guidelines ..........................4 1.2 Packaging and Sealing Guidelines....................................................4 1.3 General Evidence Submission Guidelines ........................................5 1.3.1 Weapons, Firearms, and Explosive Devices....................................................5 1.3.2 Hazardous Chemicals ......................................................................................5 1.3.3 Biohazard Containing Submissions .................................................................6 2 Kansas Bureau of Investigation Laboratory Contacts.......................7 3 Submission Guidelines for Chemistry Evidence................................8 3.1 Scope of Analysis Performed............................................................8 3.2 General Guidelines............................................................................8 3.3 Submission Limits, Weights, and Sampling ......................................9 3.4 Plant Material ..................................................................................10 3.5 Syringes/Liquids..............................................................................10 3.6 -
Physical Evidence Manual
If you have issues viewing or accessing this file contact us at NCJRS.gov. City of Phoenix Physical Evidence Manual 142520 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granJ;l}\8'enix Police Department (AZ) to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner. Phoenix Police Department Crime Detection Laboratory d 5 CITY OF PHOENIX POLICE DEPARTMENT Crime Detection Laboratory WILLIAM J. COLLIER Director Edited by Raymond Gieszl 1990 -------------_._---------------------' CONTENTS I. Introduction ---------------------------------- 3-4 II. Laboratory ------------------------------------- 5 III. Function and Services ------------------------- 6-7 IV. General Instruction for Collection and -------- 8-10 Preservation of Physical Evidence V. Crime Scene Processing and Reconstruction ----- 11-15 VI. Marijuana, Narcotics and Dangerous Drugs ------ 16-18 VII. Prescription Only Drugs ------------------------ 19-20 VIII. Toxicology ------------------------------------ 21-22 IX. Blood stains ---------------------------------- 23-29 X. Hair ------------------------------------------- 30-32 XI. Seminal -
The Role and Impact of Forensic Evidence in the Criminal Justice System, Final Report
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: The Role and Impact of Forensic Evidence in the Criminal Justice System, Final Report Author: Tom McEwen, Ph.D. Document No.: 236474 Date Received: November 2011 Award Number: 2006-DN-BX-0095 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Institute for Law and Justice, Inc. 1219 Prince Street, Suite 2 Alexandria, Virginia Phone: 703-684-5300 The Role and Impact of Forensic Evidence in the Criminal Justice System Final Report December 13, 2010 Prepared by Tom McEwen, PhD Prepared for National Institute of Justice Office of Justice Programs U.S. Department of Justice This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Statutes of Limitation for Prosecution of Offenses Against Children (Last Updated August 2012)
Statutes of Limitation for Prosecution of Offenses Against Children (last updated August 2012) This compilation includes statutes that establish, toll, extend, or eliminate time limitations for charging criminal offenses relating specifically to child victims. Every statute included either specifically mentions child victims or makes reference to a statute that does. This is not a statutory compilation of all criminal statute of limitations laws. General statutes of limitations that apply to all crimes without specific reference to the age of the victim or children as a class of victims are omitted. Please feel free to contact NDAA for help in ensuring compliance with all of your jurisdiction’s applicable statutes of limitation. Table of Contents: TABLE OF CONTENTS:............................................................................................................................................... 1 ALABAMA .................................................................................................................................................................... 4 ALA. CODE § 15-3-5 (2012). Offenses having no limitation.....................................................................................4 ALASKA ........................................................................................................................................................................ 4 ALASKA STAT. § 12.10.010 (2012). General time limitations...................................................................................4