Tuesday, January 3, 2012

Journal as evidence?

I encourage you to keep a journal for theutic purposes as your psychiatrist has advised you to do so. Whether the journal gets into evidence is a very case specific question. Most likely, it would be taken in to the police for investigatory purposes, and if you were prosecuted your lawyer and the prosecutor would fight about whether the journal would be admitted into evidence. The issue will be whether the journal is too prejudicial (will it unfairly taint the finder of fact against you). If your journal contains a confession of the criminal act for which you are being prosecuted, it is likely to be admitted.

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