Sentences with phrase «used at the criminal trial»

To prove a civil case, a New Mexico accident victim can often rely on the same evidence that the state used at the criminal trial.

Not exact matches

We hold, therefore, that where, as here, the investigation is no longer a general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied «the Assistance of Counsel» in violation of the Sixth Amendment to the Constitution as «made obligatory upon the States by the Fourteenth Amendment,» Gideon v. Wainwright, 372 U.S. at 342, and that no statement elicited by the police during the interrogation may be used against him at a criminal trial.

Not being a criminal lawyer, I can't use my own experiences to square those two accounts (and, admittedly, my exposure to crowns is Toronto - centric, experiences may vary elsewhere — based on recent events, I'd have concerns about the Alberta courts), but the fact that certain proponents of the critical narrative characterized Marie Henein's masterful conduct of the Ghomeshi trial as a case of «whacking» the accused (rather than the complainant's «whacking» the crown) did nothing to enhance the credibility of that narrative (and, if nothing else, suggests that your construction of the «critical narrative» is not at all a straw man).

He is a certified expert witness specific to the DataMaster breath - testing instrument (which is used across South Carolina), a trial lawyer who has trained at the National Criminal Defense College and National College for DUI Defense, and a lifetime member of the National Association of Criminal Defense Lawyers (NACDL).

The persuasive force and eloquent power derived from using visual and aural displays of information in electronic form, e.g., computer - generated exhibits, at trial simply can not be ignored,» Moses wrote for the Center for Criminal Justice Advocacy.

A Picture's Worth a Thousand Words: Persuasion Through the Use of Visual Effects At Trial The Advocate, Journal of Criminal Justice Education and Research

Assuming the documentary productions could be used to impeach the plaintiff / complainant in the course of her testimony at the criminal trial (impeachment is a recognized exception to the deemed undertaking rule, in that Rule 30.1 does not prohibit discovery evidence being used for this purpose), the civil defence lawyer emailed the plaintiff's productions to his criminal counterpart.

As I say this is a criminal trial involving criminal charges and while every effort should be brought to bear to accommodate witnesses with disabilities, at the end of the day the Court has an obligation to ensure that evidence that is going to be used in an attempt to convict an individual must meet the requirements of the law, and in this case unfortunately [K.B.] can not be permitted to give evidence.

If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant?

Memo to writer Emily Grube who continues to churn out this awful dreck at the behest of her employer: This was a civil trial and you used the language of the criminal world by waltzing into the guilt - innocence issue.

This means that the ways in which Family Court judges arrive at their decisions in child custody cases are dramatically different from the processes used in criminal or civil trials.

Despite inclusion in data collection, little self - reported information was provided by parents (and verified by contact with the research team) at follow - up on the use of health, social service, educational psychology or criminal justice service contacts during the course of the trial, attributable to these events or to involvement in the FLNP, with insufficient data to undertake any meaningful analysis.