Maine Failure to Provide Evidence to Investigators

State:
Maine
Control #:
ME-FEDDC-JURY-2-21
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Failure to Provide Evidence to Investigators is a criminal offense in the state of Maine, punishable by up to six months in jail and/or a fine of up to $1,000. It occurs when a person is under investigation and fails to provide evidence that would otherwise be necessary for the investigation. This can include failing to produce documents, records, or other evidence requested by an investigator or failing to make oneself available for an interview or interrogation. There are three types of Maine Failure to Provide Evidence to Investigators: refusing to provide evidence, providing false evidence, and not providing evidence in a timely manner. Refusing to provide evidence is when a person willfully and knowingly fails to provide evidence upon request. Providing false evidence is when a person knowingly provides false or misleading information to investigators. Not providing evidence in a timely manner is when a person fails to provide evidence within the time frame specified by the investigator.

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FAQ

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Adopted effective 1/1/2015.

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.

(a) Subsequent remedial measures. When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1) Negligence; (2) Culpable conduct; (3) A defect in a product or its design; or (4) A need for a warning or instruction.

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.

RULE 402. Irrelevant evidence is not admissible.

A declarant is considered to be unavailable as a witness if the declarant: (1) Is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies; (2) Refuses to testify about the subject matter despite a court order to do so; (3) Testifies to not

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.

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.

More info

Careful, thorough investigation is key to ensure that potential physical evidence is not tainted or destroyed or potential witnesses overlooked. A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case.Failure to Complete Investigation within Time Limit. It is a must to assure the court of law that the evidence is authentic, i.e. Law enforcement officers and prosecutors have a duty to preserve certain kinds of evidence. Learn what they have to keep, and what happens when they don't. The second sentence gives wide discretion to the court in dealing with the failure of either party to comply with a discovery order. A defense lawyer who successfully challenges the chain of custody can ask to have evidence declared inadmissible. Investigations may include, but are not limited to: Looking for a suspect; Collecting evidence; Interviewing witnesses. Need to investigate the matter to make a factual determination about what happened.

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Maine Failure to Provide Evidence to Investigators