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After a criminal defendant introduces evidence of the victim's character, the prosecution may then introduce its own character evidence to rebut the defendant's character evidence by showing its side's impression of the victim's character, or to attack the character of the defendant through evidence that shows that defendant had the same ...
The trial court's gatekeeper role in this respect is typically described as conservative, thus helping to keep pseudoscience out of the courtroom by deferring to those in the field. In Daubert, the Supreme Court ruled that the 1923 Frye standard was superseded by the 1975 Federal Rules of Evidence, specifically Rule 702 governing expert ...
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.
A court passing a discharge may still order the defendant to pay compensation to a victim, pay a contribution towards the prosecution's costs, or be disqualified from driving. A court may grant a discharge only if it is "inexpedient to inflict punishment" and may not do so where a mandatory sentence applies, including certain firearms offences ...
For example, if a case concerns a salary increase payable to a judge, that judge would ordinarily be disqualified from hearing the case. However, if the pay increase is applicable to all of the judges in the court system, the judge will keep the case, because the grounds for recusal would be equally applicable to any other judge.
If selected for an "oral argument", appellants may present a short spoken argument to the court. No additional pieces of evidence or witnesses are considered. The ruling made by the appellate court is usually final. [3] The decision of the appellate court generally affirms the original decision of the trial court.
Bad character in relation to the alleged facts of the offence itself has always been admissible for obvious reasons. The Act provides for different rules in relation to the bad character of defendants, and that of non-defendants. In assessing the probative value of evidence it is assumed to be true, unless there is material to suggest the contrary.
Committee on Character and Fitness for the State of Illinois, 335 F.3d 678 (7th Cir. 2003), was a decision made by the United States Court of Appeals for the Seventh Circuit in which the court refused on procedural grounds to disturb the Illinois Committee on Character of Fitness's denial of a license to practice law to Matthew F. Hale, on the ...