For example, if there is security video tape that caught the whole thing, do I have any right to see it? If the establishment that owns the tape does not allow me to see it, does this constitute withholding evidence? If possible, please note what law (the title, section, or number) deals with this. Any info at all on this would help!
2006-11-26 10:33:38 · 6 answers · asked by litestim 2 in Politics & Government ➔ Law & Ethics
I'm not personally, the victim of the crime, but the victim is apparently being denied video tape that is evidence for their prosecution... Isn't that wrong?
2006-11-26 11:11:46 · update #1
No. A good example would be all the security tapes that the FBI seized after 911. No one's ever seen them. And over 3000 murder one counts should be filed against someone.........
2006-11-26 10:40:19 · answer #1 · answered by james_b_98661 2 · 0⤊ 0⤋
Withholding evidence has to do with the courts not the victim. There are certain victim's rights but most of those have to do with the trial and knowing information about the perpetrator's where abouts in the future. In order to not interfere with a police investigation most evidence is not disclosed to anyone. If it pertains to the case and is permitted into court as evidence you will see it during the trial, otherwise probably not.
2006-11-26 10:43:26 · answer #2 · answered by summer 5 · 0⤊ 0⤋
You are absolutely entitled to see evidence against you. No establishment can own a video tape that is evidence. The police must seize evidence, turn it over to the prosecution, and the prosecution is bound by law to disclose all evidence in it's possesion.
2006-11-26 10:52:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Laws are different in every city and state. The store is not infringing on any right. As the victim of a violent crime myself, the only time i was privy to the evidence was when the police were at my home collecting it. I never saw it in court.
2006-11-26 10:37:21 · answer #4 · answered by X_YELLOWJACKET_X 3 · 0⤊ 0⤋
Once you are charged with the crime, you can supenoa evidence from the business if the DA does not already have it.
You can't just go into the business and demand to see it, you have to get a court order.
If the DA has any evidence, you file in court for a discovery of evidence to see the evidence they have.
so all you have to do is file motions in court to view it.
2006-11-26 10:56:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No, only the defense.
2006-11-26 10:35:36 · answer #6 · answered by WC 7 · 0⤊ 0⤋