| Presenting and Objecting to Evidence |
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| In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways. More... |
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| Motions to Suppress Evidence |
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| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
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| CONFESSIONS & MIRANDA WARNINGS |
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| The Fifth Amendment of the United States Constitution requires that no person shall be compelled in any criminal case to be a witness against himself. The self-incrimination privilege of the Fifth Amendment means that a person cannot be compelled to give a testimonial communication to a police officer.
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| CONDUCT & CAUSATION |
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| A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More... |
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| JURY INSTRUCTIONS ON DEFENSE THEORIES |
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| If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable. More... |
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