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In the U.S., uttering is the act of offering a forged document to another when the offeror has knowledge that the document is forged. [9] Uttering does not require that the person who presented the document actually forged or altered the document. For example, forging a log for personal profit might be considered uttering and publishing.
Documents feature prominently in all manner of business and personal affairs. Almost any type of document may become disputed in an investigation or litigation. For example, a questioned document may be a sheet of paper bearing handwriting or mechanically-produced text such as a ransom note, a forged cheque, or a business contract.
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/ prosecution in a criminal case ), or by someone sympathetic to either side.
When the object forged is a record or document it is often called a false document. This usage of "forgery" does not derive from metalwork done at a blacksmith's forge, but it has a parallel history. A sense of "to counterfeit" is already in the Anglo-French verb forger, meaning "falsify". A forgery is essentially concerned with a produced or ...
The mere evidence rule was drawn from the opinion of the United States Supreme Court in the case Boyd v. United States. [1] In Boyd, the Court ruled that a statute that compelled the production of documents as part of an investigation into the payment of duties was a violation of the Fourth and Fifth Amendments. The Court reasoned that the ...
Marshall v. Holmes, 141 U.S. 589, is an 1891 decision of the United States Supreme Court on equitable relief, res judicata and fraud on the court in diversity jurisdiction. . Justice John Marshall Harlan wrote for a unanimous Court that held it unconscionable to allow a state court's decision to stand that had been based on documents later exposed as forge
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Rule 32 of the Federal Rules of Criminal Procedure [12] and §6A1.1 of the United States Federal Sentencing Guidelines regulate presentence reports. [13] The report must be disclosed to the court, the defendant, defendant's counsel, and the attorney for the government at least 35 days before the sentencing.