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Nov 28, 2008 15:37
15 yrs ago
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German term

Beweistransfer

German to English Law/Patents Law (general) evidence
U.S. Supreme Court zum Konfrontationsrecht: Ohne Mitwirkung der Verteidigung kein Beweistransfer - also ein Meilenstein für die Beschuldigtenrechte?

This term is used a number of times in a law review article with the above title (see http://www.hrr-strafrecht.de/hrr/archiv/04-09/index.php3?sei... The article analyzes US Supreme Court case (see http://www.hrr-strafrecht.de/hrr/ussc/02/02-9410.php?referer... In that context, it appears to refer to the admission of ex parte testimony, but I can find nothing definitive in any legal reference materials. Is anyone familiar with the term?

Discussion

Andrea Muller (X) Nov 28, 2008:
Rephrase it? I would rephrase it - something like 'out of court statements/hearsay not admissible' without consent/cooperation of the defence, as this is what the Supreme Court case seems to be about.
Using anything like 'transfer' in the context of evidence could be misleading to a UK reader and suggest the physical transfer of a piece of evidence, or transfer from one country to another, like under this proposed European Evidence Warrant. I don't think transfer is used in the context of admissibility of evidence. See this CPS legal guidance on hearsay http://www.cps.gov.uk/legal/h_to_k/hearsay/#a08 - using the find function of Firefox only got me one mention of the word transfer and this was in notice of transfer or service of case, nothing with 'transfer of evidence'.

Proposed translations

34 mins

evidence transference

wörtliche Übersetzung, kenne mich im Prozessrecht aber nicht aus;
siehe das Fallbespiel im Zusammenhang mit dem Simpson-Prozess
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5 hrs

cross-admissibility (internationally; US: interstate) of evidence

Cross-admissible is a stretchable concept: from defendant to defendant; case-to-case; state to state; or country to country.

The fact that it is ex parte testimony is secondary to the overarching admissibility issue.


Example sentence:

Under the court\\\'s rule, the first issue raised by a motion to sever is cross- admissibility: Whether evidence admissible to one case would also be admissible ...

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Reference comments

42 mins
Reference:

transfer of evidence

in the book synopsis mentioned below "Beweistransfer" is mentioned. From the context it would seem to address the question of when evidence obtained in one context or legal system can be admitted as evidence in another.

In your case, as you say, it appears to relate to ex parte testimony which cannot be tested by cross-examination
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