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The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
[citation needed] The examiner must also provide the witness with the opportunity to adopt or reject the previous statement. [1] In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
impeach or strengthen the credibility of a witness. Character may be a substantive issue in defamation suits, in lawsuits alleging negligent hiring or negligent entrustment, in child custody cases, as well as in loss of consortium cases; character evidence is thus admissible to prove the substantive issues that arise in these types of lawsuits.
In the US, a party has the option of discrediting a witness through impeachment by cross-examining the witness about facts that reflect poorly on the witness's credibility or, in some cases, by introducing extrinsic evidence that reflects negatively on the witness's truthfulness or knowledge.
Mistaken identity – although the prosecution bears the burden of proving that a defendant has been properly identified, the defendant may still need to call into question the memory and credibility of witnesses claiming to have seen the commission of the crime. Alibi or mistaken identity defenses constitute "agency" defense—an argument that ...
Tom Bakkedahl, state attorney of 19th Judicial Circuit, opines on impact of "crisis of confidence" in criminal justice system of St. Lucie County.
[13] However, some courts continue to apply the doctrine to discredit witnesses that have previously offered false testimony. [14] In 2013, for example, the United States Court of Appeals for the Ninth Circuit held that in immigration cases, a court may "use an adverse credibility finding on one claim to support an adverse finding on another ...
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."