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Federal Evidence β’ Judicial Notice
EVID#120
Legal Definition
No. In criminal cases, judicially noticed facts are not treated as conclusive presumptions, but instead as permissive inferences.
Plain English Explanation
In court, sometimes a judge can accept certain facts as true without needing any evidence. This is called "judicial notice." For example, the judge might accept that July 4th is Independence Day. In most cases, these facts are just accepted and can't be argued against. But in criminal trials, it's different. Here, even if a judge says a fact is true, it's not set in stone. In these cases, the fact is more like a suggestion. It's up to the jury to decide if they believe it or not. This is because in criminal trials, where someone's freedom might be at stake, it's important to give the defendant every chance to challenge the case against them.