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He alleged the arrest was in retaliation for his outspoken criticism of city officials. The city argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court, however, allowed his claim to proceed, emphasizing that retaliatory intent could be inferred if the arrest was part of an official policy of retaliation. [2] [3] [4 ...
The use of the FD-302 has been criticized as a form of institutionalized perjury due to FBI guidelines that prohibit recordings of interviews. Prominent defense lawyers and former FBI agents have stated that they believe that the method of interviewing by the FBI is designed to expose interviewees to potential perjury or false statement criminal charges when the interviewee is deposed in a ...
In other words, the defendant's conduct after the crime is circumstantial (indirect) evidence that the defendant intended to commit the crime, or, in fact, committed the crime. The New York State Unified Court System discusses false alibis (in the context of "consciousness of guilt") as a form of admissible evidence : [ 1 ]
Many successful criminal prosecutions rely largely or entirely on circumstantial evidence, and civil charges are frequently based on circumstantial or indirect evidence. The common metaphor for the strongest possible evidence in any case—the "smoking gun"—is an example of proof based on circumstantial evidence. [ 5 ]
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USC via Cornell: when citing one of a series of USC sections, where it would be redundant to display the full citation for each section, this template can be used to display only the section number. {{ United States Code subsection }} , {{ USCSub }}
Witness protection is security provided to a threatened person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after trials, usually by police. While witnesses may only require protection until the conclusion of a trial, in particularly extreme cases, some witnesses are provided ...
Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution. In practice, this doctrine has often proved difficult to enforce. Some states have established their own laws to try to strengthen enforcement against prosecutorial misconduct in this area.