even though the diary or journal has thoughts and feelings, can it be used as domcumentation to prove emotional and mental abuse that you have oberseved in child? Even though your views are in the diary?
2007-09-17 02:48:34 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It is admissible as a contemporaneous record under the exceptions to the hearsay rule. The Court can give it the weight it feels is appropriate. The Court can also admit it as a writing that refreshes your recollection of an event. Also, the Court can admit portions and rule other portions inadmissible. I can't tell from your question how much would be admissible, but I think the better answer is that it is NOT inadmissible simply because it's a journal/diary that reflects your personal observations. To the extent it reflects conclusions you reached about abuse, that portion may be inadmissible if it goes to the ultimate decision that Court is being asked to make. I supect the document in your question is generally admissible with some portion being subject to evidency attack.
2007-09-17 02:57:59 · answer #1 · answered by David M 7 · 3⤊ 0⤋
Yes definitely it will help a lot in dealing with the child in question in the court room. Because written document even if considered to be a past episode on the witness would determined the real motive if there is a crime involved and the remedy applied if there is some in coping with the problem if the victim in this case is a child.
This will certainly help a lot in the court proceedings.
2007-09-17 09:59:10 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Very interesting question. I think this would be valuable to present, but the defense would have an objection. They would argue there is no proof the person's journal entries were directly related to the abuse.
The other problem, and probably the biggest problem... one of the rights of an accuser is to cross examine witnesses. You can't ask questions to a journal.
The only way I could see it possible is if the person writing the journal was present to explain the contents. That would give them the ability to cross examine.
2007-09-17 09:57:00 · answer #3 · answered by trooper3316 7 · 2⤊ 0⤋
How was the diary obtained? Is it yours about events you have witnessed? Documentation of events are used in court all of the time to show patterns in behavior. Always show names, dates, and times. Photos and video are good to have and they also show dates and times in some cases. Also use the audio to document things you observe. I wish I knew more specifics about what you are talking about.
2007-09-17 10:00:08 · answer #4 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 0⤋
Yes they can. Whether or not they WILL be depends on the specific case, the relevence of the entries to the case at bar and other factors involved.
2007-09-17 09:56:16 · answer #5 · answered by hexeliebe 6 · 1⤊ 0⤋
yes in some cases it can be used as evidence and court
2007-09-17 09:56:45 · answer #6 · answered by BOOTZ 4 · 1⤊ 0⤋
They can be used as evidence in court. They are not considered priviledged, although they may be considered private.
2007-09-17 09:53:50 · answer #7 · answered by Tara P 5 · 1⤊ 0⤋
in rare cases yes take them to your lawyer and have them read them.
2007-09-17 09:52:33 · answer #8 · answered by kleighs mommy 7 · 1⤊ 0⤋