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McNabb-Mallory Rule
The ''McNabb-Mallory'' rule (sometimes referred to as just the ''Mallory'' rule) is the U.S. rule of evidence that a confession is inadmissible if obtained during an unreasonably long period of detention between arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ... and initial court appearance. The rule was largely superseded by the broader protections provided for under the ''Miranda'' rules. The rule opened a line of cases which referenced a unique power of the Supreme Court to exercise a supervisory power in law enforcement, evidence, and procedure in federal courts.Amy Coney Barrett. “The Supervisory Power of the Supreme Court.” ''Columbia Law Review'', vol. 106, no. 2, 2006, pp. 324–87. JSTOR, http://www.jstor.org/stable/4099494. Accessed 18 Nov. 2023. References {{ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confession (legal)
In the evidence (law), law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, ''e.g.'' as "a statement admitting or acknowledging all facts necessary for conviction of a crime", which would be distinct from a mere Admission (law), admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest. History This specific form of testimony, involving oneself, is used as a form of Evidence (law), proof in judicial matters, since at least the Inquisition. The value of Confession (religion), confessions, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence (law), evidence (exhibit (legal), exhibits, testimonies from witnesses, etc.) in order to evaluate their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admissible Evidence
Admissible evidence, in a court of law, is any Testimony, testimonial, Documentary evidence, documentary, or tangible evidence (law), evidence that may be introduced to a Trier of fact, factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevance (law), relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly Prejudice (legal term), prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the Law of the United States, United States and, to an extent, Australian legal system, Australia) proscribe the prosecution from exploiting evidence False evidence, obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This law of evidence, rule of eviden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detention (imprisonment)
Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time. Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison). Persons can be detained if they are not allowed to leave a specific jurisdiction (a type of travel ban known as an 'exit ban') or if they are prevented from traveling to or from a specific area or region. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miranda V
Miranda may refer to: People * Miranda (given name), includes list of real and fictional people with given name Miranda * Miranda (surname), includes list of people with surname Miranda * Miranda (footballer, born 1947) (Deoclécio Manuel de Miranda), Brazilian footballer * Miranda (footballer, born 1957) (Donizete Manuel Onofre), Brazilian footballer * Miranda (footballer, born 1984) (João Miranda de Souza Filho), Brazilian footballer * Miranda (footballer, born 1998) (Guilherme dos Santos Rodrigues), Brazilian footballer * Miranda (footballer, born 2000) (Matheus dos Santos Miranda), Brazilian footballer * Miranda Hart (born 1972), English comedian and actress, sometimes mononymously referred to as Miranda Law * '' Miranda v. Arizona'', an American legal case * ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Solar System * Miranda (moon), a moon orbiting Uranus Australia * Miranda, New South Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
