Search results
Results from the WOW.Com Content Network
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
For example, in United States v. DeMarco, the court found actual vindictiveness where the government threatened to "up the ante" to discourage a defendant from exercising his right to change the trial venue. [7] A showing of actual vindictiveness is sufficient to prove a violation of the defendant's due process rights.
In 2003, she became publicly known for leaking top-secret information to the press concerning alleged illegal activities by the United States in their push for the 2003 invasion of Iraq. She was charged under section 1 of the Official Secrets Act 1989, but the case was dropped when the prosecution declined to offer evidence. [6]
WASHINGTON (Reuters) -Donald Trump does not have immunity from charges he plotted to overturn his 2020 election defeat, a federal appeals court ruled on Tuesday, bringing the former U.S. president ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Nonetheless, in Crawford, the Supreme Court explicitly declined to provide a "comprehensive" definition of "testimonial" evidence. [5] The Crawford decision left the other basic components of the Confrontation Clause's applicability—the witness's availability and the scope of the cross examination—unchanged. In Davis v.
Prosecutorial discretion [18] grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. [19] The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt. This means that in order for a defendant to be found guilty, the case presented by the prosecution must be enough ...
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...