By all accounts, Scott Peterson had a high-powered, experienced defense team. His parents were able to pay the price and they got a "big name" attorney. In all my research and of the 5 books on the Peterson case that I have personally read, all evidence waspresented at trial.
Unfortunately for Peterson, as the prosecution proceeded into the case, it was very difficult even for a defense team like Peterson's, to refute the facts. The prosecution built the case and presented it piece by piece, or should I say brick by brick, and those bricks could not be brought down by the defense, it was just too strong.
The biggest brick of all was one of Peterson's own making, and her name was Amber Frey. Some people think that circumstancial evidence is unimportant and should be disreguarded. Nothing could be further from the truth. Circumstancial evidence can be very damning, and for Scott Peterson it most certainly was.
It was presented at his trial. As I've said before, Peterson had a top-notch defense team and they put on a vigorous defense. But the fact is the case against Peterson was so strong it could not be overcome.
It is a piece of physical evidence presented at trial.
No, a judge cannot refuse to look at evidence presented during a trial. It is their responsibility to consider all relevant evidence in making a fair and just decision.
At a bench trial, the judge decides the sentence after hearing the evidence and arguments presented by both sides.
Yes, a person can be retried with new evidence presented in a case, as long as the new evidence was not available during the original trial and could potentially change the outcome.
Tucker was brought to trial because he was accused of committing a crime and there was enough evidence to warrant a trial to determine his guilt or innocence. The trial is a legal process where evidence is presented and a verdict is reached by a judge or jury.
The term you are looking for is "trial." During a trial, evidence is presented and examined to determine the guilt or innocence of the accused.
Impartial
A trial cannot be dismissed. A case can be dismissed before it goes to trial. A judge can allow testimony if it is within the bounds of admissible evidence, regardless of whether or not that evidence was presented at a prior hearing or trial.
During the trial, the prosecution presented evidence such as witness testimonies, physical evidence like DNA or fingerprints, and any relevant documents or records that supported their case against the defendant.
If your trial has no jury, then you or your counsel has chosen a "bench trial" whereby the judge will hear the case and render a decision. The evidence is used exactly as if a jury is present, only it, and the entire case, will be presented to the judge instead.
Yes, you can be charged based on evidence presented in court, even if you are not currently on trial. If the evidence suggests your involvement in a crime, law enforcement may use it to investigate and potentially charge you later. However, the specifics can depend on jurisdiction and the context of the evidence presented. It’s always advisable to consult with a legal professional for guidance in such situations.