grand jurors collectively voted to indict Hauptmann for the murder of the Lindbergh child and extortion. New York agreed to send Hauptmann back to stand trial in New Jersey‚ while he awaited his January 2‚ 1935 trial date (Johnson‚ 2007). The prosecution began to illustrate bit-by-bit how Hauptmann‚ climbed the homemade extension ladder and entered into the
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Law of Evidence Chapter 1 Evidence in Context Two concerns are central to all phases of litigation: first a concern with establishing fact. This academic preference obscures a basic reality. The outcome of most cases is determined by counsel’s success in establishing facts favorable to his or her client. 1.2 For present purposes‚ we may define evidence as any matter verbal or physical‚ that can be used to support the existence of a factual proposition. Lawyers must anticipate the impact
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tested for truth in the court by both parties * Evidence is presented on oath. * The vest evidence rule means that evidence should be presented only by an eye-witness in court. * Special rules apply for taking expert evidence. Standard of Proof * Burden lies with the party bringing the case * Criminal – prosecution – beyond reasonable doubt. * Civil – plaintiff – balance of probabilities. Need for Legal Representation * Due to strict pre-trial procedures representations
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159). The issues with the Double Jeopardy Clause is that the clause does not prevent the possibility that a single criminal act may lead to more than one prosecution. "One criminal act can produce several statutory violations. But a single criminal act with multiple victims could result in several prosecutions because the identity of each victim would be an additional fact or element of proof in each case” (Mallor et al.‚ 2015‚ pg.159). Also‚ the Double Jeopardy Clause “does not
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EVIDENCE Scope of Law on Evidence 1. Prescribes the manner of presenting evidence (Burden of Proof‚ rules 131-132); 2.Fixes the qualification and privilege of witnesses and the mode of examining them (Rule 132); 3.Determines among the probative matters‚ things which are logically and in their nature evidential‚ and what classes of things shall not be received. This excluding function of rules of exclusion is the chief characteristic of our law on evidence (Rules of Admissibility
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Takiyah Nicholson April 24‚ 2013 Plea Bargaining United States‚ Petitioner VS Gary Mazzanato (93-1340)‚ 513 U.S. 196 (1995) Brief: Respondent was arrested and charged with possession of methamphetamine with the intent to distribute‚ in violation of 84 Stat. 1260. On October 17‚ 1991‚ respondent and his attorney asked to meet with the prosecutor to discuss the possibility of cooperating with the Government. At the beginning of the meeting‚ the prosecutor informed respondent that
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single “eyewitness” that placed him at the woman’s job that night. Many regulars to the bar said that “they would know if Ron Williamson was at the Coach Light and he wasn’t there.” They‚ in fact‚ named another man: Glenn Gore‚ the prosecution’s main witness. Gore was also the man that Debbie’s friend said that she was afraid of and he was supposedly at Debbie’s apartment the night of the murder‚ according to the friend who received a phone call that night from Debbie. Gore was also seen being pushed
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1. Briefly outline the components of the CJS system and explain their relationship to each other and to the community. The criminal justice system has four main components‚ law enforcement‚ prosecution‚ Judiciary and corrections. The first of the four which is law enforcement has the duty of upholding the law and protecting the rights of those within the community. Many law enforcement officers don’t necessarily see it that way‚ primarily because municipalities focus more on infractions rather than
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gavel.\ “The court is now in session for the trial of Miss. Taylor Ericson.” The judge announced. “ Is the defense and prosecution ready?” the judge inquired. “Yes‚ your honor‚” Sky answered. “Of course.” Freddie answered confidently. “Very well.” the judge mumbled.” Now will the prosecution give the opening statements.” the judge
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bodily harm to that or any other person‚ Is guilty of an offence.” This is a Table 1 indictable offence (The Criminal Procedure Act 1986); which means it can be dealt with summarily before a magistrate in the Local Court (unless the defence or prosecution elects otherwise). This also means that the maximum penalty which can be imposed is 2 years imprisonment. 4. Who was present in the courtroom? Identify the positions of all the people present and give a brief description of their role and what
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