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What else can I help you with?
Can the lower court refuse to send inmate photographs used at trial as evidence against them?
Evidence presented in court is not retained by the court. After the trial is concluded it is returned to the agency (agencies) that supplied it. If you need access to any of it you will have subpoena the agency to release them. If the case is still on-going (in trial, under appeal, etc), evidence in an ongoing case is never released. Your defense attorney had access to the same material, have you checked with them?
What is a map hearing?
A "Mapp" hearing is a pre-trial hearing on whether or not to suppress a piece of evidence that is going to be introduced at trial. The evidence could be tangible evidence, such as an illegal substance, or intangible evidence, such as a confession.
What is the meaning of police photography?
Police photography basically deals with forensic photography. In most cases, it deals with a scene of a crime while the term 'photography' generally mean anything that deals with pictures. Hope that helps...
Is character assassination legal?
The Defendant's character in and of itself is not on trial during a criminal proceeding. Whether or not the defendant is kind of a jerk or known for being dishonest is not evidence that he committed the crime at question, and is generally inadmissible. However, the defendant may open the door for the prosecution to introduce evidence of his bad character. For example, if the defendant is charged with embezzling funds, and the defendant introduces character evidence to show that he is a generally honest person, the prosecution may then rebut that evidence by introducing evidence that the defendant is a liar.
Importance of forensic photography in law enforcement?
Photography is used at crime scenes to preserve the natural evidence. For example: if person J was shot in the stomach, but was place laying on the bullet wound, the CSI, person M, would take a picture of how the body lay and how the items were placed around the body before turning it over. Thus, they have photographic evidence.
Whats the difference between a trial court and a appellate court?
USUALLY A TRIAL COURT IS WHEN SOMEONE IS TAKEN TO COURT FOR SOME REASON OR ANOTHER. THE APPELLATE COURT IS WHEN YOU WANT TO APPEAL A DECISION THAT WAS MADE BY THE JUDGE A trial court hears testimony, examines evidence, rules on the admissibility of evidence and objections of trial counsel, issues a judgment on the case, and imposes sentence or penalties/awards. A trial court may also impanel juries and give them instructions for deliberating. An appellate court only reviews the decisions of lower courts, which include trial courts and in some cases lower appellate courts. They do not hear testimony or examine new evidence. They only review the record of the lower court, and may hear oral arguments from the attorneys involved in the appeal. An appellate court may uphold the decision of the trial court, or return the case to the trial court for reconsideration or a new trial.
You found evidence in gutter can you use it in a court trial?
Evidence of a crime can be used regardless of where it is recovered from.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence then where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
Can appellate courts take new cases that have never been tried before?
No, an appellate court may not hear new evidence. The power of the appellate court is strictly to review the record of the trial court to determine whether any errors that would affect the outcome of the case were committed. If the appellate court felt that there was insufficient evidence to support the trial court judgement, it will reverse the judgment rather than call for new evidence. If the appellate court feels that evidence was improperly excluded from the trial, it could reverse the trial court decision and remand it for a retrial with a direction that the new evidence be admitted on rehearing. IN either event the appellate will not act as a trial court and hear new evidence.
What does an appellate court do with a case, and how does it differ from the actions taken by a trial court?
An appellate court reviews decisions made by a trial court to determine if any legal errors were made. It differs from a trial court in that it does not hear witnesses or new evidence, but rather focuses on the legal arguments and procedures used in the original trial.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
How do I submit evidence for a judge trial for traffic court?
Take it with you. The judge will ask you questions and, if you need your evidence, show it to him then.
Which term refers to an official examination of available evidence in a court of law?
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.
When is circumstantial evidence not admissible in court?
To start, much of the evidence must be backed up with factual evidence, so that the circumstancial evidence is minimal.
Can the lower court refuse to send inmate photographs used at trial as evidence against them?
Evidence presented in court is not retained by the court. After the trial is concluded it is returned to the agency (agencies) that supplied it. If you need access to any of it you will have subpoena the agency to release them. If the case is still on-going (in trial, under appeal, etc), evidence in an ongoing case is never released. Your defense attorney had access to the same material, have you checked with them?
What is the appellate process?
The appellate system reviews decisions made by the trial court. For example, suppose a trial court grants a motion to allow certain evidence at trial. The person who did not want the evidence to come in can file an appeal with the appellate courts asking them to determine whether the trial judge should or should not have allowed the evidence in question.
From what part of a criminal trial does the exclusionary rule ban illegally obtained evidence?
The exclusionary rule bans illegally obtained evidence from being used in court during the trial phase.
