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Character evidence is also admissible in a criminal trial if offered by a defendant as circumstantial evidence—through reputation or opinion evidence—to show an alleged victim's "pertinent" character trait—for example, to support the defendant's claim of self-defense to a charge of homicide. [10]
In U.S. criminal law, a proffer agreement, proffer letter, proffer, or "Queen for a Day" letter is a written agreement between a prosecutor and a defendant or prospective witness that allows the defendant or witness to give the prosecutor information about an alleged crime, while limiting the prosecutor's ability to use that information against him or her.
If the government does not deliver a witness's Jencks statement to the defendant, the court may strike the witness's testimony or declare a mistrial. [13] The Jencks Act has been characterized as intending to assure defendants of their right to confront their accusers under the Sixth Amendment. [14] Its provisions are not a constitutional ...
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.
The Criminal Justice Act does provide a specific provision for the exclusion of bad character evidence, [13] where it may be excluded if it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. Essentially, bad character evidence may be ...
Leading questions may also be permitted on direct examination when a witness requires special handling, for example a child. However, the court must take care to be sure that the examining attorney is not coaching the witness through leading questions. Courts may also cite the various editions of McCormick's and Wigmore's treatises on evidence ...
Meanwhile, her father’s case, as is typical for death penalty cases, bounced around the courts, each reviewing the circumstantial evidence that led to his conviction just 73 days after he was ...
A jury note or letter will, save in exceptional circumstances, always be looked at by the trial judge and, if there is an appeal, by the Court of Appeal (the legal expression is de bene esse – ie for what it is worth); its existence and character will normally be disclosed to the parties' counsel and submissions as to its significance, and/or ...
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