The evidentiary concern springs from the desire to protect both the individual citizen and the courts against manufactured evidence and insufficient proof.
A judge is obligated to recuse himself from matters in which he harbors "a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding" (Canon 3).
The Judicial Code of Conduct says that "a judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances in which: the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding".
In fact, his emails with the Quantico Brig commander about Manning's underwear removal are part of the evidentiary record concerning Manning's unlawful pretrial punishment at the Quantico Brig, where he was stripped of his clothing against the recommendation of the Brig mental health providers.
In February 1949, former German Colonel Theodor von Dufving, a prisoner of war, provided evidentiary statements concerning Wallenberg.
And indeed between 2008 and 2009, the numbers of blacks arrested for murder and robbery each declined by over 2%, though this theory has more narrative than evidentiary appeal.Another theory concerns lead.
Such a proceeding should address evidentiary and due process concerns by providing judicial oversight and offering the sanctioned individuals an opportunity in court to rebut the government's case that the funds were stolen.
From the Opinion By Justice Powell This case requires us to re-examine that portion of Swain v. Alabama (1965) concerning the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the state's use of peremptory challenges to exclude members of his race from the petit jury.
To be sure, identifying terrorist activities is quite different than gathering evidence of child pornography – in the former, the goal often is to prevent an imminent attack, so there likely is less concern about evidentiary issues for a subsequent trial (if one would ever occur).
Congress, of course, was primarily concerned with 'certain evidentiary problems created by electronic surveillance conducted by the Government prior to the enactment of (Title III) on June 19 , 1968 which provided statutory authority for obtaining surveillance warrants in certain types of criminal investigations ( 18 U.S.C. 2516).' H.R.Rep.No.911549, p. 50 (1970); U.S.Code Cong.
