Dying Declarations and Modern Confrontation Jurisprudence
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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. -
Abetment of Suicide Introduction Objectives Of
[International Journal of Law and Legal Jurisprudence Studies :ISSN:2348-8212:Volume 4 Issue 1] 245 ABETMENT OF SUICIDE Rishabh Shrivastava 1 INTRODUCTION Section 306 of the Indian Penal Code penalizes abetment of suicide. It reads as: “S.306 - Abetment of suicide - If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.” Section 306 prescribes punishment for ‘abetment of suicide’ while section 309 punishes ‘attempt to commit suicide’. Abetment of attempt to commit suicide is outside the purview of section 306 and it is punishable only under section 309 read with section 107, IPC. In certain other jurisdictions, even though attempt to commit suicide is not a penal offence yet the abettor is made punishable. The provision there provides for the punishment of abetment of suicide as well as abetment of attempt to commit suicide. Thus even where the punishment for attempt to commit suicide is not considered desirable, its abetment is made a penal offence. In other words assisted suicide and assisted attempt to commit suicide are made punishable for cogent reasons in the interest of society. Such a provision is considered desirable to also prevent the danger inherent in the absence of such a penal provision. OBJECTIVES OF STUDY The aim of study is to critically analyze the existing laws on abetment of suicide in India and the guidelines issued by Supreme Court of India with respect to different cases. Therefore for going into depth for conducting the research, I decided to carry present research keeping in mind the following objectives: 1. -
Not So Firmly Rooted: Exceptions to the Confrontation Clause Stanley A
NORTH CAROLINA LAW REVIEW Volume 66 | Number 1 Article 7 11-1-1987 Not So Firmly Rooted: Exceptions to the Confrontation Clause Stanley A. Goldman Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Stanley A. Goldman, Not So Firmly Rooted: Exceptions to the Confrontation Clause, 66 N.C. L. Rev. 1 (1987). Available at: http://scholarship.law.unc.edu/nclr/vol66/iss1/7 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NOT SO "FIRMLY ROOTED": EXCEPTIONS TO THE CONFRONTATION CLAUSE STANLEY A. GOLDMAN t Hearsay statements admitted under a 'firmly rooted" exception may have no inherent guarantees of reliability. Professor Goldman traces the history of the 'firmly rooted" doctrine, discusses its rationale, and reviews its expansion. He analyzes these exceptions under confron- tation clause requirementsand determines they generally lack the requi- site reliability. Professor Goldman concludes the 'firmly rooted" concept is neither useful nor workable, and urges instead that courts adopt a case-by-case examination of hearsay statements' trust- worthiness. I. INTRODUCTION "Flugum done it." Everyone who heard the dying man's last words knew they were spoken "in the hush of [death's] impending presence" and with a settled expectation that death was imminent.' The listeners also knew that Flugum and the deceased had been bitter rivals for years. At the murder trial, Flugum testified in his own defense that at the time of the fatal shooting he had been home asleep. -
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. -
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. -
What Is Evidence Law?
WWhhaat t isis Ev Evidideennccee LLaaww?? n Evidence means anything that tends to prove or disprove any fact during any legal proceeding. n Evidence law is the system that determines which of these facts may be brought up during a trial or hearing. n Evidence law often differs depending on the nature of the proceeding and sometimes based on the subject matter of the trial or hearing. Evidence Lecture 1 Slide 1 WWhhyy H Haavvee E Evvidideennccee LLaaww?? n A fundamental question concerning evidence law is why have it at all? If a trial is supposed to be about the search for the truth, why not just let everything in and let the trier of fact sort it out? n Some answers: n Avoid confusing and diverting the attention of the trier of fact; n Efficiency of the trial process, in terms of time and expense; n Minimize the risk of unfair prejudice; n To the extent possible, avoid admitting false evidence; n Protect other important interests such as privileges.s. Evidence Lecture 1 Slide 2 TThhee R Roolleess oof f tthhee Judg Judgee aanndd JJuurryy n In general, there are roles a court must fill in each case: n Trier of fact (decide, based on the evidence, what happened; and n Trier of Law (apply the rules of evidence and decide other necessary administrative questions). n Where there is a jury, the jury is the trier of fact and the judge is the trier of law n Therefore, it is the judge who makes virtually all decisions on the admissibility of evidence. -
Dying Declaration of Nicholas Fernandez, Who with Nine Others Were Executed in Front of Cadiz Harbour, Dec, Gg, 18A9
musBmaMaaaajsiSJ^j* \ A' A A A xt '^ A f ^ /A^AAAAA/ © :0l' « A ^M^f>Mr\> kT*T.TAT^T^T. '^A^. 2p»s« ^AAAAAAAAAA, : LIBRARY OF COMRESS.: UNITED STATES OP AMERICA, {j ^^^M^M\!^'. mf^i 'AAAAA-A, M/^^A, AAMA' .^-.AAAAA^AAnAAAaa^ AAAW/^ „.... ^AAAA^^AAAAoaPO^I^AAA^ jWUJWW '"^-AAA ' :"^^-^-'.^'-^ #*— DYING DSCKARATE OP NICHOLAS FERNANDEZ, Who with Nine others were Executed in front of Cadiz Harbour, December 29, 1829. FOR /^ PIRACY AND MUR CN IHK. HIGH SEAS. Translated from a Spanish copy by FERDINAND BAYER" Annexed is a Solemn Warning to Youth (and other?) to hemie of the baneful habit of INTEMPERANCE. .Price 12 1-2 Cents—1830. Southern District ofNew-TbrA^ s.s. BE IT REMEMBERED, That on the 10th day of May A.D. Eighteen Hundred and Thirty in the 54th year of American Independence of the United States of America, Seorge Lambert, of the said District, hath deposited in this office, the title of a Book.the rjgbtjwhere of he claims as Pro- prietor, in the words following', to wit—" Dying Declaration of Nicholas Fernandez, who with nine others were Executed in front of Cadiz Harbour, Dec, gg, 18a9. for piracy and Murder on the high seas—translated from a Spanish copy by Ferdinand Bayer—annexed is a Solemn Warning to Youth, and others, to beware of the baneful habit of Intemporance-" III conformity to the Act of Congress of the U.States, entitled " an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, k) the authors and proprietors of such copies, during the time therein mentioned." And also to an Act, entitled 'An Act, supplementary to an Act.