Search results
Results From The WOW.Com Content Network
In strict cases, when an illegal action is used by the police or the prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).
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 ...
The exception in some instances allows for the introduction of evidence gathered during illegal searches, so long as a judge approved a search warrant, even if the warrant shouldn’t have been ...
If evidence of authenticity is lacking in a bench trial, the trial judge will simply dismiss the evidence as unpersuasive or irrelevant. Other kinds of evidence can be self-authenticating and require nothing to prove that the item is tangible evidence. Examples of self-authenticating evidence includes signed and certified public documents ...
An obstruction finding adds two levels to the offender's sentence, which can result in as much as an additional 68 months of prison. [17] In 2017, the obstruction enhancement was applied in 1,319 cases, representing 2.1 percent of all sentences issued in federal courts.
Robertson sought to reduce his sentence based on two decisions: the Fischer case at the Supreme Court and a case called Brock in the D.C. Circuit Court of Appeals.
Generally speaking, each victim of a murder will merit a separate charge of murder against the offender, and as such, the killer could get a life sentence, a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present.
When a defendant's sentence has been set aside on appeal, a district court at resentencing may consider evidence of the defendant's postsentencing rehabilitation, and such evidence may, in appropriate cases, support a downward variance from the now-advisory Guidelines range. After November 1, 2012: [19] Deleted. Aberrant behavior (§5K2.20)