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The admissibility of character evidence to allow the defendant to prove the character trait of a victim is limited, however, if the lawsuit is for rape or assault with the intent to commit rape. If the reputation or opinion evidence is being offered by the defendant to show the rape victim's past sexual conduct, character evidence is inadmissible.
For example, a hair sample from a crime scene entered as evidence by the prosecution should be described by an expert witness as "consistent with" a sample collected from the defendant, rather than being described as a "match".
Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The Statutory Declarations Act 1959 governs the use of statutory declarations in matters involving the law of the Australian Commonwealth, Australian Capital Territory, and other territories but not including the Northern Territory.
Honesty or truthfulness is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, straightforwardness (including straightforwardness of conduct: earnestness), along with the absence of lying, cheating, theft, etc. Honesty also involves being trustworthy, loyal, fair, and sincere.
That function is essentially taken over by the attorney for the party in whose favor the affidavit is given; the court relies upon the honesty of the attorney, or, perhaps more realistically, upon the attorney's fear of being disbarred, to guarantee that the declarant is competent to testify, is who he says he is, and has actually sworn to the ...
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
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Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society. [ 1 ] [ 2 ] In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluating negative conduct.
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