Sentences with phrase «evidence in the criminal prosecutions»

All five agreed that the city had not done enough to address a meningitis outbreak among gay and bisexual men, that a state ban on surrogacy services contracts should be overturned, and that using condoms as evidence in criminal prosecutions should be barred.

The dogs, held as evidence in the criminal prosecutions, were taken to a half dozen city and county pounds and shelters in Virginia.

The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

The rule prohibits both direct and indirect use of illegally obtained evidence in a criminal prosecution, but will only be applied where its deterrence benefits outweigh its substantial social costs.

Not exact matches

Judge Pamela K. Chen of the Federal District Court in Brooklyn ordered a postponement of the Republican congress member's criminal trial until Feb. 2 to give his defense team time to examine evidence gathered by the prosecution, including tape recorded conversations with potential witnesses.

In the May 12, 2016, article that prompted Bellone to call for Spota's resignation, Newsday reported that sources said wiretaps from the 2008 prosecution of criminal defense attorney Robert Macedonio contained «evidence of a lot of crimes that have not been acted upon» by Spota's office.

«There is overwhelming evidence establishing not only that DiLeonardo committed various crimes when he shot Moroughan, but more disturbingly, that numerous members of the law enforcement community covered up that fact to shield an fellow officer from criminal prosecution,» Fisch said in a statement.

At that point, defense attorneys are expected file a Rule 29 motion, allowed in any criminal trial, in which they will argue that the prosecution failed to present enough evidence to prove its case.

«If government does not exempt child victims of rape or defilement from the compulsory payment of N5000 for obtaining medical reports from hospitals as evidence for prosecution, perpetrators of these evil and criminal acts would continue to escape justice and such acts would continue to increase in our society,» she said.

Section 11 (2) of the Evidence Act states: «In a criminal action, the burden of producing evidence, when it is on the prosecution as to a fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on the totality of the evidence a reasonable mind could find the existence of the fact beyond a reasonable doubtEvidence Act states: «In a criminal action, the burden of producing evidence, when it is on the prosecution as to a fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on the totality of the evidence a reasonable mind could find the existence of the fact beyond a reasonable doubtevidence, when it is on the prosecution as to a fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on the totality of the evidence a reasonable mind could find the existence of the fact beyond a reasonable doubtevidence so that on the totality of the evidence a reasonable mind could find the existence of the fact beyond a reasonable doubtevidence a reasonable mind could find the existence of the fact beyond a reasonable doubt.»

In a statement, Bharara's office said there was «insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.»

Keir Starmer QC, director of public prosecutions, said: «Having thoroughly reviewed the evidence gathered by the police, we have decided there is sufficient evidence and it is in the public interest to bring criminal charges against Margaret Moran.

The senior member subsequently flagged the contribution when Kasowitz notified the office of his involvement in the Trump case and instructed the campaign to return it, and the office concluded its probe after two years because it did not yield enough evidence to support a criminal prosecution.

When the Crown Prosecution Service announced in December 2015 that there would be no further criminal action on phone hacking, it said it had considered evidence of email deletion and decided that there were «legitimate reasons for companies to have an email deletion policy... In this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquin December 2015 that there would be no further criminal action on phone hacking, it said it had considered evidence of email deletion and decided that there were «legitimate reasons for companies to have an email deletion policy... In this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquIn this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquin order to pervert the course of justice.»

We rely upon our full - time staff of attorneys, forensic accountants, research analysts, field investigators and computer forensics experts to staff these assignments, and we work collaboratively with our business clients to develop an investigative plan that is appropriate to the suspected misconduct... Since most of our investigative professionals have had experience in federal, state and local law enforcement — as prosecutors, auditors and agents — our investigative strategies are developed with an understanding of the evidence that may be needed to support an eventual criminal prosecution.»

Announcing the Crown Prosecution Service decision, Mr Starmer said: «In four cases, we have concluded that there is sufficient evidence to bring criminal charges and that it is in the public interest to charge the individuals concerned.&raquIn four cases, we have concluded that there is sufficient evidence to bring criminal charges and that it is in the public interest to charge the individuals concerned.&raquin the public interest to charge the individuals concerned.»

Per a scathing report in 2010 by its Office of Inspector General, the department chose to prioritize «education» of breeders over punishment, «took little or no enforcement action against most violators,» failed to respond to «repeat violations,» and collected insufficient evidence in the few prosecutions it brought against criminal breeders.

This is more problematic in criminal trials, where jury questions could provide evidence pushing a case over the threshold of proof needed to prove beyond a reasonable doubt that the prosecution failed to provide, than in civil cases with a preponderance of the evidence standard.

In the absence of any successful criminal prosecution following a road death then the coroner is likely to hold an inquest where witnesses will attend to give evidence to assist the coroner to determine the cause of death.

The majority of felony criminal cases are resolved in the pre-trial phase of criminal proceedings through court appearances (conferences and hearings), waivers, motions (requesting court to resolve a dispute about the evidence or charges between the defense and prosecution), discovery issues, and plea bargains or negotiations.

«In this case, you will see how in the absence of hard evidence, a suspicion can be fueled by fear, nourished by prejudice and directed by politics into a criminal prosecution.&raquIn this case, you will see how in the absence of hard evidence, a suspicion can be fueled by fear, nourished by prejudice and directed by politics into a criminal prosecution.&raquin the absence of hard evidence, a suspicion can be fueled by fear, nourished by prejudice and directed by politics into a criminal prosecution.»

(b) Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

101 Incidents of ethical violations resulting in professional discipline and even criminal prosecution are on the rise.102 Faced with declining profit margins, firms have been accused of «overworking files» and overstaffing projects in an effort to increase billable hours.103 And they have bent the rules governing conflicts of interest.104 One survey indicated that one - third of the 30,000 clients interviewed felt dissatisfied with the representation they received from their attorneys, citing primarily a failure to communicate and inadequate attention given to their cases, suggesting that law firms are under pressure to increase their case loads without hiring new associates to staff them.105 The recent decline in professionalism is even further evidenced by a decline in pro bono commitment.106 Thus, new graduates face even heavier workloads, increased pressure to meet high billable requirements, and fewer pro bono opportunities.

The attorney general may give an undertaking not to use evidence given in the course of the inquiry in any subsequent criminal prosecutions against the witnesses.

Plea bargaining style deals are controversial, particularly where the evidence provided may be used subsequently in individual criminal prosecutions, but the tactic certainly seems to be working.»

I am called upon to provide expert evidence in the most complex and serious of criminal cases (murders, major terrorist incidents, rape, assaults, drug seizures, Coroners inquests, high value insurance claims, HSE prosecutions of companies, repatriations from Syria etc.), and I have also contributed scientific evidence to several major public enquiries.

How would I feel about a client seeing me breaking bread with the same prosecutor or cop who is trying to get my client locked up, particularly in instances where I feel the prosecution is based on false evidence, an effort to obtain a disproportionately severe sentence, or a law that I feel should be stricken or heavily decriminalized in the first place (e.g., I want the legalization of marijuana, prostitution, gambling, criminal libel and obscenity and the heavy decriminalization of all other drugs)?

None of the legislation can apply to the use of apologies in Criminal Code prosecutions, as they are governed by the Canada Evidence Act.

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.

The use of scientific evidence is increasing in prosecutions and, in many cases, criminal attorneys must know more than just the law to effectively represent clients.

Clients receive support in their initial dealings with regulatory authorities, at formal interviews carried out under the Police and Criminal Evidence Act, and at all stages of criminal prosecutions, right through tCriminal Evidence Act, and at all stages of criminal prosecutions, right through tcriminal prosecutions, right through to trial.

«I recall making a strategic error in Magistrates» Court when, in addressing the Bench, I argued that the case should be dismissed because the prosecution had failed to disclose any evidence of mens rea, probably the most basic concept of criminal law.

At a time like this, you need the help of a tough criminal defense lawyer who has the experience in Tennessee courts to anticipate the prosecution and the diligence to gather the proper evidence to present a compelling case in your favor.

The judge found that for the purpose of a claim to litigation privilege where criminal proceedings are said to have been contemplated, the party claiming privilege must have uncovered evidence of wrongdoing (so as to reasonably contemplate prosecution, rather than an investigation) before proceedings could be said to be in reasonable contemplation.

In general, the Bureau will in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesIn general, the Bureau will in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesin most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesin intentionally and that a criminal prosecution would be in the public interesin the public interest.

«Over the last forty years numerous changes in criminal evidence and procedure have been introduced, and (with the notable and very important exception of the Police and Criminal Evidence Act 1984), almost all of them have favoured the prosecutioncriminal evidence and procedure have been introduced, and (with the notable and very important exception of the Police and Criminal Evidence Act 1984), almost all of them have favoured the prosecutionevidence and procedure have been introduced, and (with the notable and very important exception of the Police and Criminal Evidence Act 1984), almost all of them have favoured the prosecutionCriminal Evidence Act 1984), almost all of them have favoured the prosecutionEvidence Act 1984), almost all of them have favoured the prosecution.»

Swiss prosecution authorities may request legal assistance from foreign jurisdictions and thus obtain documents and other evidence in the context of pending criminal proceedings.

In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and to confront the accusers and witnesses with other testimony, and to have counsel for defense, and not be compelled to give self - incriminating evidence, or to pay costs, jail fees, or necessary witness fees of the defense, unless found guilty.

A prosecution is not automatically launched in every case where there is some evidence to support the laying of criminal charges.

However, given the desirability of finality in criminal matters, it would not usually be in the interests of justice that people should have to face a second prosecution in relation to the same offence, if the evidence relied on was available at the earlier hearing, particularly when a deliberate decision had been taken not to rely on that evidence.

«In appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquIn appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.»

Local authorities commencing care proceedings do not have to show a case to answer on admissible evidence — necessary in even the pettiest of criminal prosecutions.

I have an inherent interest in law and order enforcement, and have been highly successful in investigating alleged and suspected criminal violations, by determining if acquired evidence is sufficient to recommend prosecution.

Special Agent, Criminal Investigator AFOSI Detachment 305 — McChord AFB, WA (6/2001 — 8/2003) • Obtained prosecution of felony crimes, including a base dormitory arson incident, involving both military and DOD civilian personnel, by gathering and analyzing critical information and evidence along with sourced human intelligence • Leveraged liaison and collaboration skills by coordinating matters of mutual interest with local, state, and federal law enforcement agencies and increasing intra-agency information sharing avenues • Prepared quality comprehensive reports of investigation for Air Force commanders and authorities • Provided commanders with specialized CI support to force protection while deployed to Romania in support of OIF

Witnesses may ask for and be given the protection of either or both of the federal or provincial Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for evidence could be used in a prosecution for perjury.