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206) Based on the expert's testimony that "[a]n adolescent who had suffered trauma would operate at a lower level than an adolescent with a normal developing brain," (207) the California state court held that the juvenile's PTSD was relevant to its analysis of the juvenile's inculpatory statements.
Moreover, when information is substituted, a defendant's ability to obtain a summary of exculpatory evidence may be skewed by the government in light of the inculpatory evidence.
165) Furthermore, the dissent pointed to language in the report indicating the special master's skepticism that disclosure of the Weeks evidence would have affected the outcome of the case considering the strength of the State's other inculpatory evidence.
158) An infusion of resources will be especially beneficial in those jurisdictions that provide rules-based discovery of inculpatory and exculpatory evidence or that have prosecutorial offices with a practice of turning over that information.
97) Taking this approach, which considers the presence of inculpatory objectively discernible information, will not reduce the standard of reasonable suspicion to generalized suspicion or hunches.
2007) ("We determine probable cause from the totality of the circumstances taking into account both inculpatory as well as exculpatory evidence.
35) In most jurisdictions, defendants have no right to the state's inculpatory evidence, impeachment evidence, or evidence of affirmative defenses.
Briefly stated [our position] is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.
But precedents like Berghuis encourage law enforcement "to question a suspect at length--notwithstanding his persistent refusal to answer questions--in the hope of eventually obtaining a single inculpatory response which will suffice to prove waiver of rights.
First, and not inherently problematic, the tribunal is premised on a civil law model whereby independent and impartial investigations, involving the accumulation of inculpatory and exculpatory evidence, are conducted by Investigating Judges upon the request of the Prosecution in its Introductory Submission.
They hoped to obtain inculpatory statements about a bribery scheme.
more negotiations to resolve the "ambiguity" or "discrepancy" raised by inculpatory evidence about Iran's behavior.
No, insists Black, it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they "would be disbarred in most other serious countries, [and which] enables prosecutors to threaten everyone around the target with indictment if they don't miraculously recall, under careful government coaching, inculpatory evidence.
To say to God "me dejaste solo" is moderately querulous; to say "me arrancaste lo que yo mas queria" is harshly inculpatory.
Furthermore, a recent study by Lange and colleagues (2011) suggested that jurors may place high inculpatory value on even indecipherable auditory evidence simply because of their positions as finders of guilt.