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Blank pad rule : ウィキペディア英語版 | Blank pad rule
The blank pad rule is a legal doctrine and metaphor in common law that requires a tribunal to base its decision solely upon evidence established at trial.〔Kenneth Graham, ''Confrontation Stories: Raleigh on the Mayflower'', 3 209, 210 (2005).〕 In the United States, the Supreme Court has established that in order for a trial to be fair and impartial, a "jury's verdict () be based on evidence received in open court, not from outside sources".〔''Sheppard v. Maxwell'', .〕 ==Definition== The blank pad rule prohibits courts from considering evidence that has not been established at trial.〔 The doctrine "supposes the minds of the jurors to be like empty tablets upon which the lawyers, under the supervision of the judge, inscribe everything they can legally use to decide the case".〔''In the Matter of American Eagle Airlines'', FAA Docket No. CP08SW0002 (Civil Penalty Action) (2008) (citing 21B 2d § 5102.1).〕 In criminal law, the doctrine has been interpreted as a right held by criminal defendants, where "an accused is entitled to a jury that goes into deliberations with their minds void of everything except evidence that has been properly validated".〔Wright and Graham, 21 , § 5042 at 954〕 In the United States, the Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits juries in civil cases from considering extrajudicial evidence during deliberations.〔 The doctrine has also been applied to administrative decisions in the United States.〔''In the Matter of American Eagle Airlines'', FAA Docket No. CP08SW0002 (Civil Penalty Action) (2008).〕 In general, it is synonomous with the phrase ''tabula rasa'', a latin term that means "blank tablet" or "blank slate".〔''Tabula rasa'', (7th Ed. 1999).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Blank pad rule」の詳細全文を読む
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