Kentucky Uncorroborated Testimony of Accomplice
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How to fill out Uncorroborated Testimony Of Accomplice?
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FAQ
The term Accomplice first appears in section 114 illustration (b) under the Indian Evidence Act 1872 which says that An accomplice is unworthy of credit unless he is corroborated in material particulars and subsequently again in section 133 of the Indian Evidence Act, 1872 it defines Accomplice shall be a competent ...
Ing to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.
There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.
Rule 402 General rule of relevancy All relevant evidence is admissible, except as otherwise provided by the Constitutions of the United States and the Commonwealth of Kentucky, by Acts of the General Assembly of the Commonwealth of Kentucky, by these rules, or by other rules adopted by the Supreme Court of Kentucky.
"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."
Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.
The Supreme Court of Kentucky has defined clear and convincing evidence as something that ?is incapable of a definition any more detailed or precise than the words involved.? When anything more than a preponderance is required, Kentucky jurisprudence often equites the standard with the dispelling of reasonable doubt.
