#Evidence:

[meowlicious]

Read Full recipe here 👉⋆🦋 {{Hawaiian Roll French Toast}}🦋⋆

[389]

PORTO ROCHA

[bartleby-company]

(vía Another America 50 by Phillip Toledano)

[70sscifiart]

One of my favorites by Paul Lehr, used as a 1971 cover to "Earth Abides," by George R. Stewart. It's also in my upcoming art book!

[taizooo]

もともとは10年ほど前にTumblrにすごくハマっていて。いろんな人をフォローしたらかっこいい写真や色が洪水のように出てきて、もう自分で絵を描かなくて良いじゃん、ってなったんです。それで何年も画像を集めていって、そこで集まった色のイメージやモチーフ、レンズの距離感など画面構成を抽象化して、いまの感覚にアウトプットしています。画像の持つ情報量というものが作品の影響になっていますね。

映画『きみの色』山田尚子監督×はくいきしろい対談。嫉妬し合うふたりが語る、色と光の表現｜Tokyo Art Beat

[nevver]

No one wants to be here and no one wants to leave, Dave Smith (because)

[thellawtoknow]

Exculpatory Evidence 101: A Cornerstone of Justice

Nature and Definition of Exculpatory Evidence The Case of Brady v. Maryland (1963) The Due Process Clause and Fair Trials Materiality of Evidence Broader Implications of the Brady Rule 1. Alibi Evidence 2. DNA Evidence 3. Witness Testimony 4. Forensic Evidence Contradicting the Prosecution's Case 5. Confessions by Another Party 6. Communication Records 7. Surveillance Footage 8. Medical Records 9. Improper Identification 10. Evidence of Police Misconduct 11. Financial Records 12. Mental Health Records 13. Evidence of Entrapment 14. Recantation of Prior Testimony 15. Alternate Perpetrator Evidence Real-World Case Examples Significance of Exculpatory Evidence Challenges and Controversies Reforms and the Path Forward Conclusion Exculpatory Evidence: A Cornerstone of Justice Exculpatory evidence is a vital concept in the legal world, standing as a safeguard against wrongful convictions and upholding the integrity of justice systems worldwide. Derived from the Latin word "exculpate," which means to clear from blame or fault, exculpatory evidence refers to any material that can absolve a defendant of guilt or cast doubt on their culpability in a criminal case. This essay explores the nature, significance, and challenges associated with exculpatory evidence, highlighting its role as a cornerstone of due process and fairness.

Nature and Definition of Exculpatory Evidence Exculpatory evidence encompasses any information or material that might favor the defendant in a criminal case. It can take various forms, including physical evidence, witness testimonies, forensic reports, or documentation that contradicts the prosecution’s narrative. Examples include alibi evidence proving the defendant was elsewhere when the crime occurred, DNA evidence excluding the defendant as the perpetrator, or eyewitness accounts that corroborate the defendant’s version of events. This evidence is governed by constitutional principles, particularly in jurisdictions adhering to the rule of law. In the United States, for instance, the landmark Supreme Court case Brady v. Maryland (1963) established the "Brady Rule," which obligates prosecutors to disclose exculpatory evidence to the defense. This duty stems from the Due Process Clause of the Fourteenth Amendment, ensuring that trials are fair and that justice prevails over procedural victories. Constitutional Foundations and the Brady Rule Exculpatory evidence is not merely a procedural requirement; it is deeply embedded in constitutional principles, serving as a pillar of justice in societies governed by the rule of law. In jurisdictions like the United States, where constitutional protections ensure the fairness of criminal trials, the handling of such evidence is a matter of legal and moral obligation. Central to this framework is the Brady v. Maryland (1963) decision, a landmark case that set the precedent for the disclosure of exculpatory evidence by the prosecution. The Case of Brady v. Maryland (1963) The case of Brady v. Maryland arose when John Brady, convicted of murder, discovered that the prosecution had withheld a confession by his co-defendant admitting to sole responsibility for the crime. While Brady admitted involvement in the crime, he argued that the withheld confession was critical to his defense and could have influenced the jury’s decision regarding sentencing. The U.S. Supreme Court ruled in Brady’s favor, holding that suppression of evidence favorable to the accused violated the Due Process Clause of the Fourteenth Amendment. The Court’s ruling established the "Brady Rule," mandating that prosecutors disclose any material evidence that is favorable to the defense, whether it is exculpatory (tending to exonerate the defendant) or impeaching (undermining the credibility of prosecution witnesses). This ruling underscored the principle that the prosecution’s role is not to win at all costs but to ensure justice is done. The Due Process Clause and Fair Trials The Brady Rule’s foundation lies in the Due Process Clause of the Fourteenth Amendment, which guarantees that no individual shall be deprived of "life, liberty, or property, without due process of law." This clause ensures that criminal trials are conducted fairly and that the defendant is given an equitable opportunity to challenge the evidence against them. In the context of exculpatory evidence, due process requires transparency from the prosecution. By withholding evidence favorable to the defense, the state undermines the fairness of the trial, violating the accused’s constitutional rights. The Brady Rule reflects the belief that justice is not merely about convicting the guilty but about ensuring that every defendant has access to all evidence that might lead to a fair determination of guilt or innocence. Materiality of Evidence An important aspect of the Brady Rule is the concept of materiality. Evidence is considered material if there is a reasonable probability that its disclosure would have changed the outcome of the trial. This standard was further clarified in subsequent cases such as United States v. Bagley (1985), where the Court emphasized that materiality must be assessed in the context of the entire case, not in isolation. The materiality requirement, however, has been a point of contention. Critics argue that it places too much discretion in the hands of prosecutors, who are responsible for determining whether evidence is material and thus subject to disclosure. This discretionary power can lead to inadvertent or intentional violations, particularly in cases where prosecutors are overburdened or motivated by a desire to secure convictions. Broader Implications of the Brady Rule The Brady Rule is more than a procedural safeguard; it is a manifestation of the values underpinning a democratic legal system. It reinforces the idea that the prosecution and defense are not merely adversaries but co-participants in the search for truth. By mandating the disclosure of exculpatory evidence, the Brady Rule seeks to prevent wrongful convictions, protect the innocent, and maintain public confidence in the justice system. However, the implementation of the Brady Rule is not without challenges. In practice, compliance often depends on the ethical commitment of prosecutors and the effectiveness of defense counsel in identifying potential Brady violations. Courts have occasionally struggled to enforce the rule consistently, leading to calls for reforms such as open-file discovery policies, which require prosecutors to share their entire case files with the defense. The Brady v. Maryland decision and the constitutional principles it enshrines are critical to the functioning of a fair and equitable criminal justice system. By obligating prosecutors to disclose exculpatory evidence, the Brady Rule affirms the importance of transparency, accountability, and fairness in legal proceedings. Although challenges remain in its application, the rule serves as a reminder that the pursuit of justice requires not only the conviction of the guilty but also the protection of the innocent. This commitment to fairness is what ultimately sustains public trust in the rule of law and the legitimacy of the judicial process.

Exculpatory Evidence Forms

Exculpatory evidence can take many forms, and its significance often depends on the specifics of the case. Below are examples of exculpatory evidence in legal practice, illustrating how it can exonerate defendants or cast doubt on their culpability: 1. Alibi Evidence - Example: A defendant charged with burglary claims they were at a family gathering at the time of the crime. Security camera footage from the event, timestamps on photos, or testimony from attendees confirming their presence serves as exculpatory evidence by establishing an alibi. 2. DNA Evidence - Example: In a sexual assault case, DNA analysis reveals that biological material found at the crime scene does not match the defendant’s DNA. This scientific evidence can conclusively exclude the defendant as the perpetrator. 3. Witness Testimony - Example: Eyewitnesses at the scene of a robbery identify someone other than the defendant as the perpetrator. Similarly, a witness might testify that the defendant was with them elsewhere when the crime occurred. 4. Forensic Evidence Contradicting the Prosecution's Case - Example: In an arson case, fire investigation experts determine that the fire was caused by an electrical malfunction rather than intentional acts. This finding undermines the prosecution’s theory of arson and supports the defendant's innocence. 5. Confessions by Another Party - Example: A co-defendant in a murder case confesses to being solely responsible for the crime, explicitly exonerating the accused. If suppressed by the prosecution, this confession would constitute exculpatory evidence under the Brady rule. 6. Communication Records - Example: A defendant accused of harassment or making threats might produce text messages, emails, or phone records showing no such communications occurred or proving that someone else sent the messages. 7. Surveillance Footage - Example: Video footage from a nearby store’s security camera shows the defendant in a different location during the time the alleged crime took place. This directly contradicts the prosecution’s timeline and narrative. 8. Medical Records - Example: A defendant accused of assault may provide medical records showing they were physically incapacitated at the time of the incident, such as recovering from surgery or hospitalized for a severe injury. 9. Improper Identification - Example: In a lineup procedure, police fail to follow proper protocols, and a key witness later recants their identification of the defendant, stating they were pressured or unsure. Documentation or recordings of the lineup process showing inconsistencies can serve as exculpatory evidence. 10. Evidence of Police Misconduct - Example: Body camera footage reveals that police planted evidence at the crime scene or coerced a confession from the defendant. This undermines the credibility of the prosecution’s case and supports the defense's argument of misconduct. 11. Financial Records - Example: In a fraud case, the defendant produces financial records showing that their transactions were lawful, contradicting the prosecution's claim of illicit activity. 12. Mental Health Records - Example: A defendant charged with a crime that requires intent might provide mental health records proving they lacked the capacity to form intent due to a diagnosed condition. 13. Evidence of Entrapment - Example: In a drug trafficking case, recorded conversations reveal that undercover agents coerced or pressured the defendant into committing the crime, supporting an entrapment defense. 14. Recantation of Prior Testimony - Example: A key prosecution witness recants their earlier testimony, stating that they lied under pressure or made a mistake. A sworn affidavit detailing the recantation would be exculpatory evidence. 15. Alternate Perpetrator Evidence - Example: Fingerprints or DNA found at the crime scene match someone other than the defendant. Similarly, surveillance footage or social media posts may place a different suspect at the scene of the crime. Real-World Case Examples - The Central Park Five (1989): In this high-profile case, DNA evidence and a confession by the actual perpetrator years later exonerated five men wrongfully convicted of assault and rape. - Michael Morton Case (1987): Michael Morton was wrongfully convicted of his wife’s murder. Evidence suppressed by the prosecution, including a witness statement describing a different suspect and the discovery of Morton’s wife’s belongings in someone else’s possession, eventually exonerated him after serving 25 years in prison. Significance of Exculpatory Evidence The importance of exculpatory evidence lies in its capacity to prevent miscarriages of justice. It acts as a counterbalance to the prosecutorial power in criminal proceedings, ensuring that the defendant receives a fair trial. Without access to evidence that could exonerate them, defendants are at an inherent disadvantage, and the adversarial system risks becoming a vehicle for unjust outcomes. Exculpatory evidence also reinforces public trust in the legal system. When the public perceives that courts diligently seek the truth, it strengthens confidence in the rule of law. Conversely, failures to disclose such evidence can lead to high-profile miscarriages of justice, eroding trust and highlighting systemic flaws. In addition, exculpatory evidence contributes to the overarching goal of justice—not merely securing convictions but ensuring that the innocent are protected. The principles of fairness and equity are integral to the legitimacy of any legal framework, and exculpatory evidence is instrumental in safeguarding these ideals. Challenges and Controversies Despite its critical role, the proper handling and disclosure of exculpatory evidence face numerous challenges. One major issue is the discretionary power of prosecutors. The prosecution is responsible for identifying and disclosing exculpatory material, but this process is not always transparent. Whether due to oversight, negligence, or intentional misconduct, failure to disclose exculpatory evidence—commonly known as a Brady violation—can have devastating consequences. Moreover, systemic issues such as inadequate training, lack of resources, and overwhelming caseloads may hinder the timely identification of exculpatory evidence. In some jurisdictions, the defense may not have sufficient tools or resources to independently investigate and uncover such material, creating an imbalance in the adversarial process. Another area of concern is the evolving nature of evidence in the digital age. Electronic records, surveillance footage, and metadata are increasingly central to criminal cases. While these sources often hold critical exculpatory information, their sheer volume and complexity can overwhelm legal practitioners. Ensuring proper disclosure amidst a deluge of data requires technological expertise and robust systems, which may be lacking in underfunded legal settings. Reforms and the Path Forward To enhance the handling of exculpatory evidence, several reforms can be considered. Strengthening prosecutorial accountability is paramount. Independent oversight mechanisms and stricter penalties for Brady violations can deter misconduct and negligence. Comprehensive training programs for legal professionals can also raise awareness of the ethical and legal obligations surrounding exculpatory evidence. Technology offers promising solutions to the challenges posed by large volumes of digital evidence. Advanced tools for evidence management and artificial intelligence systems can assist in identifying potentially exculpatory material, ensuring nothing is overlooked. However, the adoption of such technologies must be coupled with guidelines to safeguard against misuse and privacy violations. On a broader scale, fostering a culture of transparency and collaboration between the prosecution and defense can mitigate adversarial excesses and prioritize truth-seeking over strategic victories. Open-file discovery practices, where the prosecution shares its entire case file with the defense, have been successfully implemented in some jurisdictions, reducing the likelihood of overlooked exculpatory evidence. Conclusion Exculpatory evidence embodies the principle that justice must not only punish the guilty but also protect the innocent. Its proper identification, disclosure, and utilization are essential to the fairness of any criminal justice system. While challenges persist, particularly in the context of prosecutorial discretion and the complexities of modern evidence, reforms and technological advancements offer pathways to a more equitable system. By recognizing and addressing the critical importance of exculpatory evidence, societies can ensure that their legal systems uphold the ideals of fairness, accountability, and the pursuit of truth. Read the full article

[mellowlike]

齋藤飛鳥

[389]

PORTO ROCHA

[theroyalweekly]

Beautiful photo of the Princess of Wales departing Westminster Abbey after attending the Commonwealth Day Service. --

[goodvibesandmemes]

GENERAL MEMES: Vampire/Immortal Themed 🩸🦇🌹

↳ Please feel free to tweak them.

Themes: violence, death, blood, murder, depression/negative thoughts

SYMBOLS: ↳ Use “↪”to reverse the characters where applicable!

🦇 - To catch my muse transforming into a bat 🌞 - To warn my muse about/see my muse in the sunlight. 🩸 - To witness my muse drinking blood from a bag. 🐇 - To witness To catch my muse drinking blood from an animal. 🧔🏽 - To witness To catch my muse drinking blood from a human. 🦌 - For our muses hunt together for the first time. 🏃🏿‍♀️ - To see my muse using super speed. 🏋🏼‍♂️ - To see my muse using their super strength. 🧛🏻‍♂️ - To confront my muse about being a vampire. 🌕 - For my muse to lament missing the sun. ⏰ - For my muse to tell yours about a story from their long, immortal life. 🤛🏽 - To offer my muse your wrist to drink from. 👩🏿 - For my muse to reminisce about a long lost love. 👩🏽‍🤝‍👩🏽 - For your muse to look exactly like my muse's lost love. 👄 - For my muse to bite yours. 👀 - For my muse to glamour/compel yours. 🧄 - To try and sneakily feed my muse garlic to test if they're a vampire. 🔗 - To try and apprehend my muse with silver chains. 🔪 - To try and attack my muse with a wooden stake. 👤 - To notice that my muse doesn't have a reflection. 🌹 - For my muse to turn yours into a vampire. 🌚 - For my muse and yours to spend time together during the night. 🧛🏼‍♀️ - For my muse to tell yours about their maker/sire.

SENTENCES:

"I've been alive for a long time [ name ], I can handle myself." "I'm over a thousand years old, you can't stop me!" "Lots of windows in this place, not exactly the greatest place for a vampire." "Do you really drink human blood? Don't you feel guilty?" "Vampires are predators, [ name ] hunting is just part of our nature, you can't change that." "You just killed that person! You're a monster!" "Tomorrow at dawn, you'll meet the sun [ name ]." "Can you make me like you?" "Do you really want to live forever?" "You say you want to live forever, [ name ], but forever is a long time, longer than you can imagine." "What was it like to live through [ historic event / time period ]?" "Did people really dress like that when you were young?" "What were you like when you were human?" "We’re vampires, [ name ], we have no soul to save, and I don’t care." "How many people have you killed? You can tell me, I can handle it." "Did you meet [ historic figure ]?" "Everyone dies in the end, what does it matter if I... speed it along." "Every time we feed that person is someone's mother, brother, sister, husband. You better start getting used to that if you want to survive this life." "[ she is / he is / they are ] the strongest vampire anyone has heard of, no one knows how to stop them, and if you try you're going to get yourselves killed." "Vampire hunters are everywhere in this city, you need to watch your back." "Humans will never understand the bond a vampire has with [ his / her / their ] maker, it's a bond like no other." "Here, have this ring, it will protect you from the sunlight." "I get you're an immortal creature of the night and all that, but do you have to be such a downer about it?" "In my [ centuries / decades / millennia ] of living, do you really think no one has tried to kill me before?" "Vampires aren't weakened by garlic, that's a myth." "I used to be a lot worse than I was now, [ name ], I've had time to mellow, to become used to what I am. I'm ashamed of the monster I was." "The worst part of living forever is watching everyone you love die, while you stay frozen, still, constant." "I've lived so long I don't feel anything any more." "Are there more people like you? How many?" "Life has never been fair, [ name ], why would start being fair now you're immortal?" "You want to be young forever? Knock yourself out, I just hope you understand what you're giving up." "You never told me who turned you into a vampire. Who were they? Why did they do it?" "I could spend an eternity with you and never get bored." "Do you really sleep in coffins?" "There are worse things for a vampire than death, of that I can assure you [ name ]." "You need to feed, it's been days. You can drink from me, I can tell you're hungry." "The process of becoming a vampire is risky, [ name ], you could die, and I don't know if I could forgive myself for killing you." "I'm a vampire, I can hold a grudge for a long time, so believe me when I say I will never forgive this. Never." "You were human once! How can you have no empathy?" "You don't have to kill to be a vampire, but what would be the fun in that." "You can spend your first years of immortality doing whatever you want to whoever you want, but when you come back to your senses, it'll hit you harder than anything you've felt before." "One day, [ name ], everything you've done is going to catch up to you, and you're never going to forgive yourself." "Stop kidding yourself, [ name ], you're a vampire, a killer, a predator. You might as well embrace it now because you can't keep this up forever." "You can't [ compel / glamour ] me, I have something to protect me." "When you've lived as long as me, there's not much more in life you can do." "You want me to turn you? You don't know what you're asking me to do." "You really have to stop hissing like that, it's getting on my nerves." "I'm going to drive this stake through your heart, [ name ], and I'm going to enjoy it."

[shitakeo33]

よく「発明は1人でできる。製品化には10人かかる。量産化には100人かかる」とも言われますが、実際に、私はネオジム磁石を1人で発明しました。製品化、量産化については住友特殊金属の仲間たちと一緒に、短期間のうちに成功させました。82年に発明し、83年から生産が始まったのですから、非常に早いです。そしてネオジム磁石は、ハードディスクのＶＣＭ(ボイスコイルモーター)の部品などの電子機器を主な用途として大歓迎を受け、生産量も年々倍増して、2000年には世界で1万トンを超えました。

世界最強「ネオジム磁石はこうして見つけた」（佐川眞人 氏 ／ インターメタリックス株式会社 代表取締役社長） | Science Portal - 科学技術の最新情報サイト「サイエンスポータル」

[whencyclopedia]

The Delian League, Part 2: From Eurymedon to the Thirty Years Peace (465/4-445/4 BCE)

This text is part of an article series on the Delian League.

The second phase of the Delian League's operations begins with the Hellenic victory over Mede forces at Eurymedon and ends with the Thirty Years Peace between Athens and Sparta (roughly 465/4 – 445/4 BCE).The Greek triumph at Eurymedon resulted in a cessation of hostilities against the Persians, which lasted almost six years. Whether or not this peace or truce followed from some formal treaty negotiated by Cimon, son of Miltiades, remains unknown.

Nevertheless, the Greek success at Eurymedon proved so decisive, the damage inflicted on Persia so great, and the wealth confiscated so considerable that an increasing number of League members soon began to wonder if the alliance still remained necessary. The Persians, however, had not altogether withdrawn from the Aegean. They still had, for example, a sizeable presence in both Cyprus and Doriscus. They also set about to build a great number of new triremes.

REDUCTION OF THASOS & THE BATTLE OF DRABESCUS

A quarrel soon erupted between the Athenians and Thasians over several trading ports and a wealth-producing mine (465 BCE). Competing economic interests compelled the rich and powerful Thasos to revolt from the Delian League. The Thasians resisted for almost three years. When the polis finally capitulated, the Athenians forced Thasos to surrender its naval fleet and the mine, dismantle defensive walls, pay retributions, and converted the future League contributions to monetary payments: 30 talents annum. Some League members became disaffected with the Athenian reduction of Thasos. Several poleis observed the Athenians had now developed a penchant for using "compulsion." They started to see Athens acting with both "arrogance and violence." On expeditions, furthermore, the other members felt they "no longer served as equals" (Thuc. 1.99.2).

The Athenians, meanwhile, attempted to establish a colony on the Strymon river to secure timber from Macedon, which shared its borders with the west bank. The location also proved a critical strategic point from which to protect the Hellespont. The Thracians, however, repelled the League forces at Drabescus. The Athenians soon realized the threats from both Thrace and Macedon made permanent settlements in the region difficult as they were essentially continental powers, and the League fleet could not reach them easily. Designs for the region, however, would not change, and the Athenians would return there again.

The Delian League had by this time demonstrated an inherent conflict from its beginnings: on the one hand, it engaged in heroic struggles against the Mede and extended its influence, reaping enormous benefits (especially for its poorer members). On the other hand, it also suppressed its members and soon demanded obedience from them.

The League engaged from the outset in a form of soft imperialism, collecting and commanding voluntary naval contributions and tribute while Athens used those resources and led all expeditions, enforcing continued membership but also showing little or no interest to interfere with the internal mechanisms of any member polis (unless it openly rebelled).

Continue reading...

[nevver]

Arts & Architecture, Sander Patelski

[magicshop]

You, who gave me their hand when I fell, now I'll hold it for you.