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Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of ...
Apprendi v. New Jersey, 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the ...
[14] [15] While a separate conviction for the crime of obstruction would require proof beyond a reasonable doubt, a finding of obstruction for sentencing purposes only needs to meet the looser standard of "a preponderance of the evidence" (unless the enhanced sentence would exceed the statutory maximum sentence for the underlying crime). [16]
Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice , and these two kinds of crimes are often ...
Elonis v. United States, 575 U.S. 723 (2015), was a United States Supreme Court case concerning whether conviction of threatening another person over interstate lines (under 18 U.S.C. § 875(c) [1]) requires proof of subjective intent to threaten or whether it is enough to show that a "reasonable person" would regard the statement as threatening. [2]
There are several types of evidence, depending on the form or source. Evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit), exhibits (e.g., physical objects), documentary material, or demonstrative evidence, which are admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a ...
The sentencing judge, believing that Blakely had implications on federal judges increasing sentences on facts not found by juries, imposed the maximum sentence, 78 months, based on the jury's verdict. The government asked the judge to correct Fanfan's sentence, which was denied.
Additionally, the report may be used as a source of information for future research. The information allows changing of a sentence subject to the Commitment Order and the judge's verdict. [8] This report is considered "the critical document at both the sentencing and the correction stages" [9] of the criminal justice system.