The New Hampshire Presumption of Innocence is a fundamental aspect of the state's criminal justice system, ensuring the fair treatment of individuals accused of crimes. This legal principle presumes that an accused person is innocent until proven guilty, placing the burden of proof on the prosecution to establish guilt beyond a reasonable doubt. This presumption is critical in protecting the rights and liberties of individuals while maintaining the integrity of the justice system. In New Hampshire, as in many jurisdictions, there are different types of Presumption of Innocence that apply in specific circumstances. These variations serve to address the nuances of different cases and provide additional protections for the accused. Some notable types include: 1. General Presumption of Innocence: This is the broadest and most fundamental type of presumption that applies to all criminal defendants. It ensures that, unless proven guilty, an accused individual is considered innocent throughout the legal process, with all associated rights and privileges. 2. Specific Presumptions: Under New Hampshire law, there are certain specific presumptions in certain criminal cases, which establish a legal assumption of guilt based on specific circumstances or evidence. It is important to note that these presumptions can be rebutted or challenged by the defense. 3. Presumption Against Pretrial Detention: New Hampshire also recognizes the presumption against pretrial detention when considering bail requests. This means that individuals who have been arrested and are awaiting trial are generally entitled to be released on bail unless the prosecution can demonstrate specific reasons justifying detention. 4. Presumption of Innocence in Jury Instructions: During a criminal trial, New Hampshire judges provide instructions to the jury emphasizing the presumption of innocence and the high burden of proof required for a conviction. These instructions guide the jurors in their deliberation and underscore the importance of this principle in the justice system. The New Hampshire Presumption of Innocence reflects an essential cornerstone of criminal law, designed to protect individuals from unjust conviction and excessive government power. It ensures that individuals are treated fairly until proven guilty, safeguarding their rights, and preventing arbitrary or prejudiced judgments. By upholding this principle, the New Hampshire criminal justice system strives to maintain justice, fairness, and the protection of individual liberties.
New Hampshire Presumption of Innocence
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Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
401. 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.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
Relevance. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.
New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes | New Hampshire Judicial Branch.
Emotionalism is fair if it's part of the case, and unfair if it is outside the facts of the case. For example, evidence of child abuse is always emotional, but whether it is unfairly emotional depends on the case. If the defendant is charged with child abuse, the emotional impact is an inherent part of the trial.
