Sentences with phrase «evidence against a defendant»

If a jury decides that the prosecution has manufactured evidence against a defendant, are they entitled to find a defendant not guilty, even if they think that the defendant committed the crime they...

A jury assessing evidence against a defendant, a CEO evaluating information about a company or a scientist weighing data in favor of a theory will undergo the same cognitive process.

Three witnesses, who identified the defendant as the gunman, claimed to be in fear for their lives if it became known that they had given evidence against the defendant.

For example, criminal defense lawyers routinely push to have clients who are 100 % guilty acquitted because the evidence against the defendant was obtained illegally by the police.

If it constituted the sole or decisive evidence against the defendant, anonymising which prevented or unduly hindered the defendant and his advisers from taking steps to undermine the credit of the witness was most likely to operate unfairly.

In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.

Where the factual allegations against a defendant are serious, the disciplinary body must be astute to guard against the admission of crucial hearsay evidence against the defendant.

If it constitutes the sole or decisive evidence against the defendant,» as here:

In McCann, when looking at the evidence in the linked case of Clingham v Kensington and Chelsea RLBC, Lord Steyn at para 9 identified the evidence against the defendant as being primarily based on hearsay evidence contained in records of complaints received by the trust, and in crime reports compiled by the police.

Not exact matches

«Given the nature of the charges against the defendant and the apparent weight of the evidence against him, defendant faces the very real possibility of spending the rest of his life in prison,» Ellis said of the former campaign manager.

It said it believed there was not sufficient evidence to proceed to trial against the defendant on that count.

In motions filed Friday night, attorneys for most of the defendants said they want separate trials for their clients to avoid the chance of unrelated evidence against one or two defendants tainting the others» cases.

The Law Society said: «It is a fundamental aspect of the right to a fair trial that the defendant in a criminal trial is able to challenge the evidence adduced against them.

(This desire of the defendant to defend himself against a multi-million dollar lawsuit is deemed by Mann's acolytes to be evidence of an unhealthy «obsession» with the plaintiff.

The decision held that «testimonial» evidence must be subjected to cross-examination for it to be admitted against criminal defendants.

After decades of criticism from defense attorneys and others, Gov. Andrew Cuomo said Wednesday he would push to change New York's «blindfold law,» which allows prosecutors to withhold evidence against a criminal defendant until just before trial.

The FBI hacked into Ulbricht's computer to find evidence against him, which the defendants claimed as unconstitutional since it was a search and seizure of property without a warrant.

A solicitor may attend the hearing to offer advice to the bereaved family on what is happening in the criminal process, and to also take a note of the evidence to support any later civil compensation claim against the defendant.

Where there is evidence that the private prosecutor is pursuing a vendetta against the defendant, e.g. by publishing adverse publicity about the defendant on social media and / or by harassing the defendant or his family / work colleagues.

Jury instructions typically leave the jury with wide discretion in choosing amounts, and the presentation of evidence of a defendant's net worth creates the potential that juries will use their verdicts to express biases against big businesses, particularly those without strong local presences.

A defendant is entitled to expect that a claim of liability brought against it will be decided by the same rules of evidence and substantive law whether the plaintiff is represented by counsel or self - represented.»

e) Even if the defendant's negligence created causal uncertainty and the plaintiff has adduced some evidence in support of its theory of causation, the trial judge is not obliged to draw an inference of causation against the defendant: Benhaim at para. 42.

January 29, 2003 835 So.2 d 1251 2003 Store patron had no claim for spoliation of evidence against department store that was also defendant in patron's underlying negligence action.

Liquidators have previously used sections 261 and 266 of the Act to gather evidence as to the basis of a civil claim against a prospective defendant.

HELD The judge could remind the jury that the defendant had no previous convictions and say that, in the ordinary case, where there was no evidence of bad character, a defendant of no previous convictions would have been entitled to a direction that the jury should consider that that counted in his favour on the questions of both propensity and credibility; as it was, it was for the jury to consider which counted with them more — the absence of previous convictions or the evidence of bad character; and if the former, then they should take that into account in favour of the defendant, and if the latter, then they would be entitled to take that into account against him (Lord Justice Rix at para 43).

In particular, as regards the impact on related criminal proceedings, the protections afforded to criminal defendants are not available to witnesses in a public inquiry, who may be compelled to give evidence or disclose documents that may breach the privilege against self - incrimination that would be available to them in the criminal proceedings themselves.

When a seizure of evidence is unlawful, the seized evidence is inadmissible against the defendant.

«The term jury nullification refers to that rare situation where a jury knowingly chooses not to apply the law and acquits a defendant regardless of the strength of the evidence against him.

However, where evidence discloses a strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct.

Having regard to Mr. Watterson's obvious lack of knowledge of his procedural rights [emphasis mine], it was incumbent on the trial judge to ensure that the procedural rules were followed or, when they were not, to advise Mr. Watterson of his right to object and request an adjournment for the purpose of meeting the evidence that was to be called against the defendants.

Tuck v. Supreme Holdings Ltd. et al. 2014 NLTD (G) 131 Evidence — Limitation of Actions — Practice Summary: The plaintiff commenced an action against the defendants on February 28, 2012, to recover damages allegedly sustained in a motor vehicle collision that occurred... [more]

Corroborative evidence, such as remarks showing unfair identification with a complainant or prejudice against a defendant, may support a finding a bias.

Rather, as Skelly Wright posts at Arbitrary and Capricious, lawyers for the prosecution are using photos and statements posted at defendants» personal Internet pages as evidence against them, while judges are taking such information into account at the sentencing stage.

Evidence of simply being issued a ticket prejudices the jury against the defendant.

That may well be done with a view to the Crown accepting that it may offer no evidence if the ruling is against it, just as it may be done with a view to a defendant considering whether or not to plead guilty if the ruling is otherwise.

In addition, several statutes have articulated the parameters of the civil compulsion and conditional secondary privilege, providing that such compelled evidence including information, admissions, and findings should not form part of any criminal prosecution against a defendant facing criminal charges.

These defendants questioned the validity of the so called expert reports, brought as evidence against them, mainly on the basis that they deemed these experts insufficiently qualified to make judgements on the matter, and stated that their opinions were not properly explained.

That evidence had to be weighed against any evidence of prejudice to the defendant if the adjournment was not granted.

Claims against professionals involve a number of challenges, including the need to show that the Defendant has fallen below the standards of his / her profession, which invariably requires expert evidence.

This should help to preserve evidence, as well as immediately get a jump start on a claim against a defendant likely to ultimately face numerous claims for injuries and wrongful death stemming from the same incident.

She won at trial against both defendants after providing evidence that there had been prior crimes at the mall's location, making her rape and robbery «reasonably foreseeable.»

The judge further held that, in any event, negligence was not made out against the defendant given the absence of expert evidence with respect to the appropriate standard of care.

«The process for a judge hearing a non-suit application is to ask whether, based on the evidence presented by the plaintiff, taken at face value and without being weighted, there is enough evidence for a prima facie case against the defendants.

Prosecutors may withhold evidence that could exonerate a defendant, and defense teams may not be trained to mount an argument against inappropriate testimony, he explains.

After you file a lawsuit against the defendants, then you must present convincing evidence to a jury that they were negligent.

(a) The CSSG's costs of its application for disclosure against the Macfarlanes Defendants; and (b) The costs of the Macfarlanes Defendants occasioned by the CSSG's application for expert evidence.

The decision also contains important messages about the nature of the evidence necessary to support an application for interim springboard relief and the extent of the English court's jurisdiction when tort claims are asserted against non-domicile employee defendants.

The most promising explanations for that advantage are the defendant's superior resources, the social standing of physicians, social norms against «profiting» from an injury, and the jury's willingness to give physicians the «benefit of the doubt» when the evidence of negligence is conflicting.»)

Until very recently, the only state high court decisions (from VA and DE) on our ediscovery for defendants cheat sheet involved sanctions against plaintiffs for destroying social media evidence.

Also argues that even if the Court agrees the evidence of payment from a government insurer should be excluded, it should allow for an offset of the phantom damages against the plaintiff's compensatory damages aware, or otherwise allow the defendant to introduce evidence of the provider's willingness to discount charges for other patients.