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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Evidence and Proof essay question:Consider the judicial

Customer Question

Customer: Evidence and Proof essay question:Consider the judicial discretion to exclude evidence. Give an explanation of how the discretion (or discretions) operate in both common law and Uniform Evidence Act jurisdictions. Do you consider the discretion should remain in place? Is it just to allow a judge to exclude evidence simply on the judge's discretionary view?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, I want to argue in the negative of the discretion. That in 'the interests of justice' the rule doesn't always serve because the term is subjective and not clearly define in the law (i.e. Australian Ev law)
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Criminal Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How can I assist you today? Could you please help me better understand what your question is? Thank you.

Customer: replied 1 year ago.
Customer: Evidence and Proof essay...
Customer: Evidence and Proof essay question:Consider the judicial discretion to exclude evidence. Give an explanation of how the discretion (or discretions) operate in both common law and Uniform Evidence Act jurisdictions. Do you consider the discretion should remain in place? Is it just to allow ajudge to exclude evidence simply on the judge's discretionary view?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, I want to argue in the negative of the discretion. That in 'the interests of justice' the rule doesn't always serve because the term is subjective and not clearly define in the law (i.e. Australian Ev law)WHERE DO i FIND MY ANSWER???
Expert:  MIAMILAW1127 replied 1 year ago.

So are you asking a question related to your essay topic or are you asking for me to give you the argument for your essay?

Customer: replied 1 year ago.
either or. Preferably an argument against 'the discretion to exclude evidence'
Customer: replied 1 year ago.
I don't know why I wasted my money in retrospect. The whole point of this essay was to demonstrate, among other things (explaining how it operates across the various jurisdiction in Australia) my ability - or lack of- to make an argument for or against. I thought I'd take the negative and stand in opposition.
Customer: replied 1 year ago.
The question is related to the essay topic which involves you giving me an argument against ''the judicial discretion to exclude evidence''. Focus your attention on the last two sentences, starting, ''Do you consider'' and ''Is it just''.
Customer: replied 1 year ago.
Buyer beware, huh! Thanking you for nothing at all.
Expert:  MIAMILAW1127 replied 1 year ago.

It was 1:20 AM where I am located.

If you still need my assistance, I can help you.