Also known as: affirmative showings · affirmative proof
Written by attorneys · grounded in primary & secondary sources — see below
A positive demonstration on the record that a constitutional or procedural requirement has been satisfied. The demonstration prevents a court from presuming compliance and instead requires concrete evidence of the necessary facts or waivers.
Andre Antoine becomes delirious in a hospital and threatens to jump from a window. Nurse Ava Adebayo locks the door and windows to stop him. When Andre later sues for false imprisonment, the court requires an affirmative showing that the circumstances created an independent privilege before finding the nurse not liable.
Aaron Adams pleads guilty to robbery after a brief hearing containing no questions about his understanding of rights or the consequences. On appeal the court reverses because the record lacks an affirmative showing that the plea was intelligent and voluntary.
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Albert Allen and his co-defendant give statements to police. At trial the prosecution offers the statements but supplies no affirmative showing that the defendants waived their rights to silence and counsel. The appellate court reverses the convictions for lack of that showing on the record.
Alice Atkins is convicted after the jury receives a permissive presumption instruction. On appeal she argues the instruction violated due process. The Court holds that an affirmative showing of the presumption's accuracy in her particular case is still required to satisfy due process.
Andrew Avery is acquitted by reason of insanity and committed to a mental hospital. Years later the state seeks to keep him committed without an affirmative showing that he remains dangerous. The Court holds that due process requires such a showing before continued confinement is permitted.
Aurora Biotech is prosecuted for drug offenses. The government refuses to disclose the identity of a confidential informant who allegedly participated in the transaction. The defense moves to compel disclosure, arguing that the government must first make an affirmative showing that the informant's identity is unnecessary to a fair defense.
A court must find an affirmative showing on the record that a guilty plea was intelligent and voluntary before accepting the plea as constitutional. The requirement arises on direct appeal. Collateral attacks allow a presumption of validity until the defendant produces contrary evidence.
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Yes. The Restatement treats certain implied-consent privileges as requiring affirmative proof of the circumstances that create the privilege rather than treating them as true consent.
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The conviction must be reversed on direct review because the absence of an affirmative showing violates due process. The plea cannot stand without that demonstration.
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…the courts of Arizona, if consistent with the State’s procedural rules. [^maj-35]: A legislature is nonetheless free to require affirmative proof of sanity by the way it describes a criminal offense, see Dixon v. United States , ante , at (slip op., at 7–9). [^maj-36]: Although a desired evidentiary use is restricted, that is…