Motion to Dismiss or Impose Sanctions Against the Prosecution for Violation of Brady, Discovery Order
Motion to Dismiss or Impose Sanctions Against the Prosecution for Violation of Brady, Discovery Order
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Brady Rule Definition: The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment. … “Brady requires disclosure of the material exculpatory evidence early enough so that the defense can make use of the information.
Reply to Objection to ID Expert – Focusing on Stress, Weapon Focus, Police Procedures-Sex Crime
Motion to respond to the prosecutions argument that the defense expert is not properly qualified. As well as the effects of stress on eye witness identifications.
Order Motion to Suppress a Obscene Pornography Case
Order Motion to Suppress a Child Pornography Case
Nearly all child pornography convictions results in a jail sentence. The amount of jail will depend on a number of factors, including the nature of the material, the size of the collection, the duration of downloading and whether the accused distributed the child pornography.
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
There are officially two types of material considered child pornography, simulated, or digitally generated, and pornography produced with the direct involvement of the minor. With the production of child pornography other charges may be included, such as child abuse, and many other laws may come into play during the case.
Defining Child Pornography
Pictures of child pornography are not secure under First Amendment rights and are unlawful items under federal law. Though there are only two types of child pornography, those categories include several forms of material and media. Under federal law, any visual portrayals of sexually explicit behavior
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involving a minor are considered child pornography.
Visual illustrations containing child pornography are deemed illegal under federal law. These may include photographs, videos, digital downloads, images produced to depict an actual minor, undeveloped film and video and electronically stored data.
Sexual activity is not needed in the image to be considered pornography. The images may contain a nude picture of a child that is deemed sexually suggestive and be considered illegal. Child pornography under federal law is the disregard for age of consent for sexual activity in a given state. Some states consider age of consent to be younger than 18 years old, but when child pornography is concerned, any depiction of a minor under the age of 18 engaging in sexually explicit conduct is unlawful.
NIT Motion to Suppress Evidence, Evidentiary Hearing in a Pornography Case
NIT Motion to Suppress Evidence, Evidentiary Hearing in a Child Pornography Case
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NIT Motion and Memorandum of Law in Support of Motion to Dismiss Pornography Case
NIT Motion and Memorandum of Law in Support of Motion to Dismiss – Child Pornography Case
A document that cites (refers to) legal authorities such as statutes and court cases, and explains how those authorities support the position advocated by the party who wrote the memorandum. Filed motion to suppress the evidence seized during the search of the computer, including the information revealed by the use of the NIT.
Motion to Suppress; Request for Evidentiary Hearing in a Pornography Case
Motion to Suppress; Request for Evidentiary Hearing in a Child Pornography Case
This product is legally relevant in all U.S. 50 states and territories. This product comes in both .pdf and .docx (Microsoft Word) formats for your convenience.
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Motion to Suppress Hearing Transcript in a Pornography Case
Motion to Suppress Hearing Transcript in a Child Pornography Case
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Motion to Dismiss a Pornography Case
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Motion Hearing in a Pornography Case
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Motion and Memorandum in Support of Motion to Exclude Evidence – Pornography Laws
Motion for an order to exclude all evidence and its fruits derived from the “network investigative techniques” code that the Government used to search the Defendant’s personal computer.
Motion and Memorandum in Support of Motion to Compel Discovery – Pornography
Moves the Court for an Order Compelling material in discovery.
Motions Checklist – Sex Abuse
Motions Checklist – Child Sex Case
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Motion to Inspect Counseling Records – Special Victims Case
Motions the Court for the entry of an order directing copies of any and all counseling received by a therapist or psychiatrists relating to the treatment received for any emotional and psychological disorder related to drug use.
Motion to Determine Competence of Witness – Taint Hearing – Special Victims Unit
Motions the Court to analyze the interview techniques of the interviewer to determine if they undermined the reliability of the complainant’s statements and testimony. The term “competency” refers to the minimal qualifications someone must have to be a witness. In order to be a witness, a person other than an expert (experts are a special case discussed later in the course) must meet seven basic requirements. When determining competency one of the primary questions taken into account is the person’s ability to make decisions in a legal capacity.