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Yes, the prosecution must prove every element of the crime to secure a conviction. This requirement serves to protect the rights of the accused while ensuring that the legal framework, including the Maine Preliminary Statement of Elements of Crime, is upheld. Each element plays a crucial role in establishing guilt beyond a reasonable doubt.
Evidence is relevant if: (a) It has any tendency to make a fact more or less probable than it would be without the evidence; and (b) The fact is of consequence in determining the action.
(1) A mediator has a privilege to refuse to testify in any proceeding concerning a mediation or any communication between the mediator and a participant in the mediation that was made during the course of, or that related to the subject matter of, any mediation.
RULE 402. Irrelevant evidence is not admissible.
The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or (2) Evidence offered to prove an alleged victim's sexual predisposition.
Rule 404 - Character Evidence; Crimes or Other Acts (a) Character evidence. (1)Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait. (2)Exception for a defendant in a criminal case.
RULE 5. INITIAL PROCEEDINGS IN THE UNIFIED CRIMINAL DOCKET (a) Initial Appearance Before the Court. (b) Initial Statement of Rights by the Court. (c) Further Statement of Rights by the Court With Respect to Class C or Higher Crimes in the Absence of an Indictment or Information.
Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.