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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 ...
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 ...
Direct evidence: Although direct evidence of discrimination can be very powerful, courts often give little weight to discriminatory remarks made by persons other than decision makers, "stray" remarks not pertaining directly to the plaintiffs, or remarks that are distant in time to the disputed employment decision.
That same day, the Board of Supervisors unanimously rejected a request from Dictos to authorize a new $2 fee on recorded documents to cover the costs of finding and redacting illegal unenforceable ...
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 ...
Whistleblowers are protected from retaliation for disclosing information that the employee or applicant reasonably believes provides evidence of a violation of any law, rule, regulation, gross mismanagement, gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. [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 ]
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof.