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A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible: to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and
Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. [1]
Scott v. Illinois, 440 U.S. 367 (1979), was a case heard by the Supreme Court of the United States. In Scott, the Court decided whether the Sixth and Fourteenth Amendments required Illinois to provide Scott with trial counsel. To emphasize the importance of court-appointed counsel, the Court opined, "[T]he interest protected by the right to ...
Defendants convicted, Cook County, Illinois Circuit Court; affirmed, Appellate Court of Illinois, First District, 121 Ill. App. 2d 323 (1971); cert. granted, 402 U.S. 995 (1971). Holding Pre-indictment showup without counsel was not a violation of the Sixth Amendment right to counsel because the criminal prosecution had not yet begun.
This list of U.S. states by Alford plea usage documents usage of the form of guilty plea known as the Alford plea in each of the U.S. states in the United States. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine [4] [5] [6]) in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
Federal cases and some states follow Rule 27(a)(3) of the Federal Rules of Civil Procedure concerning the production of documents in pretrial discovery, including those pertaining to depositions. These can include the subpoena duces tecum to produce documents, or in some cases to undergo a physical or mental examination .