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Simple English definitions for legal terms
Darden hearing
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A quick definition of Darden hearing:
A Darden hearing is a legal proceeding where a judge decides whether or not to reveal the identity of an informant in a criminal case. This is done when there is not enough evidence to establish probable cause, except for the testimony of the arresting officer about the informant's communication. The defense attorney may not be present during the hearing, but they can submit questions for the judge to ask.
Dare means to give or transfer something, like property or an obligation. It can also mean to appoint a representative.
Dare ad remanentiam means to transfer something, like a remainder, in fee or forever.
A more thorough explanation:
Definition: A Darden hearing is a legal proceeding held to determine whether the identity of an informant is relevant to establishing probable cause in a criminal case. It is an ex parte proceeding, meaning that only the judge and the prosecution are present, and the defense attorney may be excluded. The defense attorney can submit questions to be used by the judge in the examination. The hearing is held when there is insufficient evidence to establish probable cause apart from the arresting officer's testimony about an informant's communications.
Example: In a drug trafficking case, the police officer testifies that he received a tip from an informant about the defendant's involvement in the drug trade. The defense attorney requests a Darden hearing to determine the identity of the informant and whether their testimony is relevant to establishing probable cause. The judge may question the informant to determine their credibility and the reliability of their information.
This example illustrates how a Darden hearing can be used to determine the relevance of an informant's identity in establishing probable cause in a criminal case.