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Examples include the following: The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony. [4] The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony. [5] The prosecutor must disclose exculpatory evidence known only to the police.
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness 's testimony , and may also be raised during depositions and in response to written ...
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
legal interests so as to allow the organization to file the intended civil action immediately after providing this notice. In the event that CCC elects to withhold the filing of the intended action for any reason, or in the event that any court determines that CCC may not commence proceedings
The prosecution may also gain rights to notice of specific affirmative defenses, such as whether the defendant intends to raise an alibi defense or insanity defense, and have discovery rights relating to those defenses.
In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". [2] Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a ...
In the U.S. federal government, regulatory and law enforcement agencies that investigate crimes must typically refer cases to the Department of Justice for prosecution at its discretion. These referrals may not require formal documentation, but may include a case report.
To be clear, courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course higher levels of incarceration for ...