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The report has an immediate purpose: to help the court determine an appropriate sentence as well as aide in officer sentencing recommendations. The report serves to collect objective, relevant, and factual information on a specific defendant. [7] Since the advent of the sentencing guidelines, the importance of the presentence reports has increased.
Questioned documents are often important in other contexts simply because documents are used in so many contexts and for so many purposes. For example, a person may commit murder and forge a suicide note. This is an example where a document is produced directly as a fundamental part of a crime.
The jury is not to draw any inferences adverse to the defendant from the fact that they have been charged with a crime and are present in court facing the charges against them. For example, if the defendant (D) is charged with murder, the prosecutor (P) bears the burden of proof to show the jury that D did indeed murder someone. Burden of proof: P
[16] [17] These reasons include: the likelihood of the jury becoming unduly prejudiced to a party, and a likelihood that the evidence will cause the jury to confuse the issues or be mislead, etc. [17] [16] Issues such as the evidence's prejudicial effect are balanced with how probative the evidence is. [17] [16] A court may exclude evidence if ...
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. Exculpatory evidence is evidence that might exonerate the defendant. [3]
The Best Evidence Rule is a legal principle that requires presenting the most reliable form of evidence in court, which is often the original document or file. In cases where digital evidence is involved, this means presenting the original digital file, rather than a printout or a copy.
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [6]
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. One of the most common competing interests is the danger of prejudice.
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