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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 are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
Stephen Lawrence was a black British teenager from Plumstead, southeast London, who was murdered in a racially motivated attack while waiting for a bus in Well Hall Road, Eltham, on the evening of 22 April 1993, when he was 18 years old. The case became a cause célèbre: its fallout included changes of attitudes on racism and the police, and to the law and police practice. It also led to the partial revocation of the rule against double jeopardy. Two of the perpetrators were convicted of murder on 3 January 2012.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
A subpoena duces tecum, or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions, it can also be issued by legislative bodies such as county boards of supervisors.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
In U.S. law, a motion in limine is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent.
On 21 March 2002, Amanda Jane "Milly" Dowler, a 13-year-old English schoolgirl, was reported missing by her parents after failing to return home from school and not being seen since walking along Station Avenue in Walton-on-Thames, Surrey, that afternoon. Following an extensive search, her remains were discovered in Yateley Heath Woods in Yateley, Hampshire, on 18 September.
Madeleine Beth McCann is a British missing person who, at the age of 3, disappeared from her bed in a holiday apartment in Praia da Luz, Lagos, Portugal, on the evening of 3 May 2007. The Daily Telegraph described her disappearance as "the most heavily reported missing-person case in modern history". Madeleine's whereabouts remain unknown, although German prosecutors believe she is dead.
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature.
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information provided will include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court.
Zurcher v. Stanford Daily, 436 U.S. 547 (1978), is a United States Supreme Court case from 1978 in which The Stanford Daily, a student newspaper at Stanford University, was searched by police who had suspected the paper to be in possession of photographs of a demonstration that took place at the university's hospital in April 1971. The Stanford Daily filed a suit claiming that under the protection of the First and Fourth Amendments of the Constitution, the warrants were unconstitutional and that the searches should have fallen under the context of subpoenas. The Supreme Court ruled against The Stanford Daily; however, Congress later passed the Privacy Protection Act of 1980, which provides additional protections against searches and seizures to the press and individuals who disseminate information to the public, unless the individual is suspected of a crime or a life-threatening situation is present.
The murder of Leanne Tiernan was a high-profile English child murder involving a 16-year-old schoolgirl who was abducted less than one mile from her home on 26 November 2000 while returning from a Christmas shopping trip in Leeds, West Yorkshire, and subsequently murdered. The missing person inquiry which followed was one of the largest in the history of West Yorkshire Police, involving the search of around 1,750 buildings, underwater searches of thirty-two drainage wells, the draining of a two-mile section of a canal and the halting of household waste collections.
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions.
Sian Emma O'Callaghan was a 22-year-old British woman who disappeared from Swindon, Wiltshire, England, having last been seen at a nightclub in the town in the early hours of 19 March 2011. Her body was found on 24 March near Uffington in Oxfordshire. On 19 October 2012, at Bristol Crown Court, Christopher Halliwell, 48, of Nythe, Swindon pleaded guilty to O'Callaghan's murder.
Operation Yewtree was a British police investigation into sexual abuse allegations, predominantly the abuse of children, against the English media personality Jimmy Savile and others. The investigation, led by the Metropolitan Police (Met), started in October 2012. After a period of assessment, it became a full criminal investigation, involving inquiries into living people, notably other celebrities, as well as Savile, who had died the previous year.
Kimmelman v. Morrison, 477 U.S. 365 (1986), was a decision of the U.S. Supreme Court that clarified the relationship of the right to effective assistance of counsel under the Sixth Amendment to other constitutional rights in criminal procedure. In this case, evidence against the defendant was probably seized illegally, violating the Fourth Amendment, but he lost the chance to argue that point due to his lawyer's ineffectiveness. The prosecution argued that the defendant's attempt to make a Sixth Amendment argument via a habeas corpus petition was really a way to sneak his Fourth Amendment argument in through the back door. The Court unanimously disagreed, and held that the Fourth Amendment issue and the Sixth Amendment issue represented different constitutional values, and had different requirements for prevailing in court, and therefore were to be treated separately by rules of procedure. Therefore, the habeas corpus petition could go forward. In its opinion, the Court also gave guidance on how to apply its decisions in Stone v. Powell and Strickland v. Washington.
References
- ↑ Richard Norton-Taylor and Ian Black "Police hold Islam cleric in 'fishing expedition'", The Guardian , 16 March 1999
- ↑ Caroline Jowett, "No further action by Jim Davidson Review", Daily Express , 18 July 2014
- ↑ Patrick Sawer, "Prejudicial Heath Inquiry to be referred to Police Watchdog", The Daily Telegraph , 7 October 2017
- ↑ Patrick Sawer, "Prejudicial Heath Inquiry to be referred to Police Watchdog", The Daily Telegraph , 7 October 2017
- ↑ H. Richard Uviller (2001). "Fisher Goes on the Quintessential Fishing Expedition and Hubbell is Off the Hook". Journal of Criminal Law & Criminology. 91 (2): 311-336 [323]. doi:10.2307/1144267. JSTOR 1144267.