In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. For example, hearsay is generally precluded from use at trial. There are exceptions, though, that allow hearsay evidence to come in. Recently, a Michigan court explained the exceptions to the rule against hearsay in a case in which the…
Continue reading ›Certain crimes include an element of intent. As such, if the prosecution is unable to demonstrate that the defendant possessed the state of mind needed to commit the crime, it should not be able to obtain a conviction. Recently, a Michigan court discussed burdens of proof with regard to intent in criminal matters in an…
Continue reading ›In attempting to establish a defendant’s guilt, the State will frequently try to introduce evidence of a scheme or motive. There are restrictions as to what is admissible, however. For example, in most instances, the State cannot introduce evidence of other crimes to show a defendant’s guilt. This was demonstrated in a recent Michigan case…
Continue reading ›In many assault cases, the prosecution relies on testimony from the victim and any witnesses to the incident to establish the defendants’ guilt. Thus, if they testify that the defendant was not the person who committed the alleged offense, it may be challenging for the prosecution to prove its case. In matters in which witnesses…
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