Sentences with phrase «used in a criminal trial»

«This is a problem that faces us relating to a handful of people in this country including Abu Qatada whereby you've got intelligence but not evidence that can be used in a criminal trial.

Presented in the format of a «mock trial,» the program was designed to investigate the relationship between neurological abnormalities and behavior, particularly criminal behavior; how scientific evidence is admitted and examined in American courts; and how neuroscience evidence and information may be used in criminal trials.

Many people are familiar with the requirement to prove a case «beyond a reasonable doubt,» which is the standard used in a criminal trial.

Not exact matches

Cuomo proposed a series of criminal justice reforms, including eliminating cash bail for many low - level offenses; pursuing legislation that would cut back on time defendants are held in custody before trial; and reducing the use of solitary confinement in state prisons.

«It is clear that the Act does not contemplate criminal trial so the usage of Criminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the Tcriminal trial so the usage of Criminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the TCriminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the TCriminal Procedure Code should not be used as a procedural template in the Tribunal.

The report, published yesterday, also warns against the use of intercept evidence in criminal trials.

To address the problem of harassment in the private sector, Cuomo proposed blocking arbitration requirements in employment contracts that would prevent information from being used in criminal investigations and court trials.

All Animal Rescue Corps» activities and findings are documented and turned over to the law enforcement officials to be used in any legal hearings or criminal trials.

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.

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particulCriminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particulcriminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

Section 278.2 (1) of the Criminal Code states that no records containing personal information regarding the complainant or a witness in the trial shall be produced for the accused to be used as evidence in a sexual assault trial.

Such evidence or documents might then be used against the witness in a subsequent criminal trial.

However, these records could be sought by an adverse party in a civil or criminal trial, and potentially used to undermine the employee's credibility about the violence they experienced.

The clear problem with the requirement of imprisonment, as is found by the Court (paras 59 and 60), is that the narrative of past and future persecution in many countries such as Zimbabwe and Uzbekistan, [13] is that in these and many other countries the law enforcement authorities use the criminal law to extort, blackmail, detain and torture, without recourse of due process of law which would require a trial, conviction and sentencing, in accordance with the national law of the country of origin.

Organized - crime guys often used the public defender's office as a front in their criminal trials, claiming they were just poor laborers wrongly accused.

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

As he humbly recounts his heroic accomplishments of cleaning up the traffic court, instituting night court for criminal drug cases in order to best use limited resources in the fairest manner, and presiding over the historical impeachment trial of former Governor Rod Blagojevich, Justice Fitzgerald repeatedly reminds lawyers that they are guardians or champions of the legal process.

However, an accused is still protected by section 13 in the sense that any incriminating evidence they gave in a prior proceeding can not be used against them in the criminal trial.

It tells the story of a child murderer in Germany and the police hunt to track him down, resulting in a «staged» trial used to force a confession from the accused and obtain a conviction, making the point of the importance of legal representation in criminal trials to ensure justice, even for the most abhorrent crimes.

It is no picnic to be a witness in any criminal trial; it can be pretty awful to be a witness in a sex assault trial, particularly where the complainant's interests in BDSM activities would be used to shame / attack her.

The term «trial lawyer» is used loosely in criminal law these days.

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.

As your criminal defense attorney, Mr. Rodriguez will use his expertise and knowledge to your advantage either in negotiating a plea or taking your case to trial in front of a jury.

Rape shield laws apply in criminal sexual assault trials to limit the use of a woman's sexual history and other irrelevant characteristics to show that she is more likely to have consented to sexual contact or that her account of the incident is untrustworthy.

Advocacy encompasses a range of abilities including case analysis, drafting and using skeleton arguments, making oral submissions, cross-examining witnesses in criminal trials and being able to put forward a strong and persuasive case.

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.

Jury consultants are used in both criminal trials and in complex civil litigation.

The European Court of Human Rights («ECtHR») has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR.

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.

Criminal Law: I.D; Photographs; Confessions R. v. Araya, 2015 SCC 11 (35669) Trial judge's instructions here were «adequate», and though not perfectly phrased, the totality of the instructions, viewed in the context of the case as a whole, adequately guarded against the possibility of jurors using the photographs for «impermissible reasoning».

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?

Can the defendant then use the discovery evidence from the civil case in his criminal trial?

In terms of substantive issues, the Court needed to determine the appropriate implementation and use of the new war crime legislation, particularly how a trial judge must instruct himself or a jury on the correct legal requirements of such a charge in the context of criminal law principleIn terms of substantive issues, the Court needed to determine the appropriate implementation and use of the new war crime legislation, particularly how a trial judge must instruct himself or a jury on the correct legal requirements of such a charge in the context of criminal law principlein the context of criminal law principles.

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.

There are historical precedents for the use of evidence being given secretly by anonymous witnesses whom the defendant has been denied the opportunity to confront, including the Spanish Inquisition, the Court of Star Chamber in England, the Stalinist «show trials» in Communist Russia, the «supergrass» trials in Northern Ireland, and what passes for the criminal courts in Mugabe - controlled Zimbabwe, but surely emulating these instances is rather odious for any enlightened criminal justice system.

Duties included routine patrol activities, effecting arrests, conducting criminal and civil investigations, trial and case preparation, testifying in various judicial and administrative proceedings, using police computers.

When they are called to testify in criminal trials they are called as expert witnesses and are expected to offer their testimony regarding the mental fitness of a defendant and sometimes they are used to help the judge in recommending a sentence.

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.

During his trial, the prosecution alleged that Huang used his position in real estate to aid the establishment of a criminal enterprise.