Spousal immunity prohibits a prosecutor from forcing a defendant’s spouse to testify against them. This immunity is safeguarded by the Federal Rules of Evidence.
In a criminal case, the prosecution cannot compel the...
Spousal immunity prohibits a prosecutor from forcing a defendant’s spouse to testify against them. This immunity is safeguarded by the Federal Rules of Evidence.
In a criminal case, the prosecution cannot compel the...
A statement against interest, or declaration against interest, is a statement that goes significantly against the declarant’s own interest which makes the statement credible and admissible in court. These statements are deemed to be credible...
Subsequent remedial measures are repairs or changes made after an accident has occurred which could have decreased the likelihood of the accident occurring or prevented it altogether. An example of a subsequent remedial measure is if a...
Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.
Suppression occurs when evidence collected in violation of the Constitution becomes inadmissible at trial. Evidence excluded this way is referred to as being “suppressed.” This is known as the Exclusionary Rule.
The process...
Suppression of evidence is a pretrial proceeding to prevent evidence from being shown at trial, which could be lawful or unlawful.
Lawful suppression of evidence means the judge rejects the use of the evidence in the court...
In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed...
Testimony is oral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures. According to Rule 43 of the Federal Rules of Civil Procedure, testimony taking should be conducted in an...
A trap and trace device is a device or process that records the sources of incoming signals to a specific phone or computer. This is often used by law enforcement as the advanced counterpart of Caller ID. A trap and trace device identifies...
A trial on the merits refers to a full and complete legal proceeding in which all aspects of a case are considered, including the presentation of evidence, examination of witnesses, and legal arguments. It results in a determination of facts...