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Similar Fact Evidence
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of the accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue. By jurisdiction Canada In Canada, the rule is established in '' R. v. Handy'', 164 CCC (3d) 481, 2 SCR 908 (2002): Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its reception. Questions arise as to how the Court will measure the elements of this rule: i) What constitutes a prior act of misconduct? * Any past misdeed, does not have to proven as a conviction. ii) Why does the Court speak of evidence in relation to a 'specific issue'? * Good measure of probity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roy Whiting
Sarah Evelyn Isobel Payne (13 October 1991 – c. 1 July 2000), was the victim of a high-profile abduction and murder in West Sussex, England in July 2000. Her disappearance and the subsequent investigation into her murder became a prominent case in the United Kingdom, as did the campaign for changes to child protection legislation that resulted from the murder. The murder investigation was also notable for the use of forensic evidence, which played a major role in securing a conviction. Roy Whiting was convicted of abduction and murder in December 2001 and sentenced to life imprisonment. Sarah Payne's disappearance Sarah Payne, who lived in Hersham, Surrey, disappeared on the evening of 1 July 2000 from a cornfield near the home of her grandfather, Terence Payne and his second wife Lesley, in Kingston Gorse, West Sussex, England. Payne had been playing with her two brothers (aged 13 and 11 at the time) and younger sister (aged 5) when she disappeared. A police search of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.Sentencing Act 2020 s. 413 & sch. 28 It amends the law relating to powers, , disclosure, allocation of |
Rosemary West
Rosemary Pauline West (née Letts; born 29 November 1953) is an English serial killer who collaborated with her husband, Fred West, in the torture and murder of at least nine young women between 1973 and 1987;BBC Article with detail of the 12 accusations. Retrieval Date: 25 October 2017. she also her eight-year-old stepdaughter Charmaine in 1971. The majority of these murders took place at the West residence in . Rose is currently an inmate at [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Act 2006
The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most of the previous evidence law on the admissibility and use of evidence in court proceedings. The foundations of the Act started in August 1989, when the Law Commission started work on reviewing the nation's piecemeal evidence laws. A decade of work culminated in August 1999 with the Commission producing a draft Evidence Code on which the Evidence Act is based. The Evidence Bill was introduced in May 2006 and passed its third and final reading on 23 November 2006. The majority of the Act came into force on 1 August 2007. Structure *Part 1 — Preliminary provisions (s 6-15) *Part 2 — Admissibility rules, privilege, and confidentiality **Subpart 1 — Hearsay evidence (s 16-22A) **Subpart 2 — Statements of opinion and expert evidence ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moorov V HMA
''Moorov (Samuel) v HM Advocate'' (1930 J.C. 68, 1930 S.L.T. 596)(additional citation 1930 J.C. 68) is a famous case in Scots criminal law based on criminal evidence and the admissibility of similar fact evidence. The case established a precedent named the Moorov doctrine.{{cite web, last=Moorov, first=Samuel, title=Moorov V HMA 1930, url=http://login.westlaw.co.uk/maf/wluk/app/document?src=doc&linktype=ref&context=29&crumb-action=replace&docguid=I050EC610E42811DA8FC2A0F0355337E9, publisher=Westlaw, accessdate=22 April 2014 The Moorov doctrine The essential facts of the case are where the accused was an employer who had allegedly committed a string of sexual offences regarding 19 of his female employees over the period of four years, with a total of 21 counts. There was corroboration of evidence available for 3 counts. This case brought light on the original course of similar fact evidence which was generally regarded as inadmissible in court. It created a "course of conduc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Chances
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances. Normally, under Federal Rule of Evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ... 404, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Using the doctrine of chances allows a prosecutor to admit evidence of prior "accidents" that can persuade a jury that prior incidents are so similar that it is very improbable that the case at bar is actually accidental. The doctrine of chances was first developed by English courts in the case '' Rex v. Smith'', 11 Cr. App. R. 229, 84 L.J.K.B. 2153 (19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
