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Convictions can only be made when proof beyond a reasonable doubt is achieved. [12] If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.
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]
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 ...
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.
Nothing pending: the witness continues to speak on matters irrelevant to the question. For example, an attorney who asks, "Did your mother call?" and gets the answer, "Yes, she called at 3:00," can object to the latter part. Attorneys can use this objection selectively (to avoid annoying the court) when a witness adds out-of-order remarks to ...
The Oklahoma Corrections Department has agreed that condemned prisoners in the future can have a personal spiritual advisor in the execution chamber. Oklahoma to allow death row inmates a personal ...
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
One prison visit in particular stands out. "He told me, 'there was an execution yesterday - it was a person in the next cell'," she recalls. "He told me to take care - and from then on, he ...