What&#39;s the best way to include e-mails as evidence from a technical perspective? It probably would be easiest to copy and paste quotes from emails into my evidence submission. But of course text could easily be changed in this format. I could take a screen shot of the email as I received it, and include the screen shot as evidence. The problem with this is highlighting certain lines of text would be harder. The tribunal I am going through requests documents be submitted electronically. At one point a person who tried to help mediate entered the conversation by e-mail. Out of privacy to him, can I redact his name or email address? The point would be the defendant did agree to something, but he sent it to the mediator and told him to forward it to me. (this wasn't a professional mediator, more like a mutual friend).
Submit emails in their totality Your testimonial affidavit can quote or cite them as applicable. There is no protection of anyone’s privacy in court. By the way, the email where admissions were made is probably inadmissible if it was sent were in the course of bona fide negotiation to resolve the dispute. If the other party objects they will be thrown out - I wouldn’t hang my case on them.
Sexual intent is proven (or disproven) like any other form of intent. A confession is not necessary, although that is one available method. It may be inferred with proof from circumstantial evidence. Any combination of direct and circumstantial evidence is allowed. There isn't a formula for it. The prosecution or defendant, as the case may be, simply has to convince the trier of fact that there was or was not sexual intent. Any otherwise admissible evidence that could rationally show that sexual intent is more or less likely can be presented. If it happens in a gynecological appointment, or because the defendant slipped on a banana peel after the defendant's glasses were splattered with mud so he couldn't see what he was doing, this is going to be exceedingly hard to prove in the absence of a pattern and practice in multiple cases that couldn't be a coincidence, or with something like bragging to a friend in private. If this happens at a festival celebration, or after a dinner date, or intent is corroborated by perverted photographs on the defendant's phone, or is accompanied by sexual language, any other intent is going to be highly implausible and circumstantial evidence will strongly point to a sexual intent. One way to disprove sexual intent is for the defendant to testify that there was some other intent. There is risk in that approach. You can't simultaneously testify that sexual contact never happened and that sexual contact did happen but without sexual intent, for example. Testifying that there was sexual contact without intent basically admits some other element of the crime. But it also forces the prosecution to prove that the defendant is lying, which depending upon the evidence, may be easy, or may be hard. In real life, most of the cases that get prosecuted are easy cases. But, there will always be cases that are closer and circumstances that one wouldn't easily foresee in advance, and that is why we have courts and trials. Ultimately, the prosecution presents evidence and the finder of fact has to decide if it proved that element of its case.
National security letters can compel the production of some kinds of (non-&quot;content&quot;) user data, and (according to Wikipedia) typically contain a nondisclosure requirement forbidding the recipient of the letter from disclosing it. I assume that a witness has received and complied with a national security letter, and a non-government party wants to ask the witness questions which outside the courtroom, the witness would be forbidden to answer by the national security letter. The witness, or the government if represented in the lawsuit in question, may object to the questions. The purpose which justifies the secrecy requirements of a national security letter is also likely to justify the exercise of state secrets privilege. If the judge thinks a statute might otherwise be violated, they might intervene in the absence of any objection, or consider alternative remedies like an in camera hearing. If the court does not intervene to prevent the evidence being given, and the witness is charged with breaching the secrecy law, this would raise complex questions about the interpretation of the law imposing criminal penalties. The common law doctrine of absolute privilege for witnesses giving evidence in judicial proceedings applies in the United States, and could be raised in defence to any criminal charges.
There is no hard and fast rule to determine what constitutes proof beyond a reasonable doubt. In the first instance, the judge (or jury, when there is a jury trial) decides this on a case by case basis. If the officer testifies that the matters recorded in the ticket are true because it was the officer's practice to always record accurately what happened in a ticket, this would ordinarily not be grounds for reversal of a conviction on the ground of insufficient evidence, unless other evidence somehow put the officer's testimony in serious doubt (e.g. a social media post clearly putting the officer in another location at the time that the ticket was allegedly issued). Normally, the only kind of evidence that would not result in a ticket being upheld on appeal would be the failure of the officer to testify at all.
You could include a notice that the forms are not legal advice, and you make no guarantees on their effects in particular situations, and that readers should use them at their own risk, and that they are provided "as is" with no warranties of any kind. You might also find websites that offer downloadable legal forms, or forms similar to the ones you intend to create, and see what disclaimers or waivers of liability such sites typically include. I am not a lawyer, and this is not legal advice.
The defence sees the prosecution evidence; witnesses don’t From context, it appears that Ms. DeCoutere was a prosecution witness, not the defendant. As such, she would not be privy to the evidence that either the prosecution or defence had or intended to present. No doubt both the prosecution and the defence would have known about the photograph and, I would imagine, it was introduced by the defence precisely because it contradicted the witness’ testimony. Further, revealing such evidence to her by either side would be misconduct - witnesses are supposed to recount the facts as they recall them without prompting or aide memoirs (police are an exception - they are allowed to refer to their own notebooks).
I don’t understand why you think this is a “3rd party communication” - as I read it it says it’s an email from you. You are most definitely not a third party. Notwithstanding, communication between 3rd parties is not prima facie excluded. For example, correspondence between your company and your accountant (who are both third parties) is likely to be extremely relevant to a family law case. Assuming that it is relevant (which is hard to say without context) and that it doesn’t fall foul of one of the evidentiary rules (hearsay, opinion, privilege etc.) there is no reason why it wouldn’t be admissible.
Could I get into legal trouble for this? No. Relax. Your three emails are very unlikely to cause a data privacy professor to feel harassed. Just move on regardless of whether he replies at all. Don't keep sending another email just because the recipient has not replied to your previous one. As for the issue that prompted you to start emailing the professor, what everyone else has told you is correct. And the other email user is unlikely to take court action for something like this. The effort and cost of drafting &amp; filing suit, and then pursuing discovery would dissuade most people unless they are incurring actual losses (which is not the case with your messages). Just move on so that this other user also can move on.