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In monetary law examination of witnesses is less stringent than in capital law, and testimony is accepted even despite minor contradictions that may exist in the testimony of two separate witnesses. (If one witness says a defendant owes 100, and the other says the sum is 200, the judges accept that both witnesses agree to the existence of a 100 ...
For over 20 years prior to Crawford, the controlling standard for admitting statements that unavailable witnesses made to other persons was that of Ohio v. Roberts. According to the Court in Roberts, if a witness is unavailable, that witness's testimony can be admitted through a third person if it bears "adequate indicia of reliability." This ...
The federal witness protection program was developed because of the difficulty of prosecuting cases where witnesses would disappear shortly before trial. [8] [9] [not specific enough to verify] These programs frequently require the witness to leave his residence or even family so that he can be protected before the trial occurs.
Frequently, the most desired witness (the deponent) is an opposite party to the action. In that instance, legal notice may be given to that person's attorney, and a subpoena is not required. However, if the witness is not a party to the lawsuit (a third party) or is reluctant to testify, then a subpoena must be served on that party. [13]
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Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty faced by prosecutors; witness protection programs were one response to this problem.
The Oklahoma Corrections Department has agreed that condemned prisoners in the future can have a personal spiritual advisor in the execution chamber.
Italy is one of several countries in Europe that allow trials in absentia, [19] and they are a regular occurrence. [20] In Maleki v Italy (1997), the United Nations Human Rights Committee held that the Italian policy on trials in absentia was a breach of the right to fair trial under Article 14 of the International Covenant on Civil and ...