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Even neutral questions can lead witnesses to answers based on word choice, response framing, assumptions made, and form. The words "fast", "collision" and "How", for example, can alter speed estimates provided by respondents. [7] When someone asks a leading question, they expect the other person to agree with the leading question.
The Court reasoned that there were other safeguards in place to protect a defendant's Sixth Amendment right to an impartial jury: prospective jurors are evaluated in voir dire, seated jurors can be monitored by those in court, and non-jurors can testify about a juror's inappropriate behavior even after a verdict has been reached. [8] In Warger v.
Defendants giving evidence in court became commonplace to such an extent that by 1957, it was actually a shock when a defendant did not give evidence. When, during his trial for murder, Dr John Bodkin Adams decided, on the advice of his lawyer, not to give evidence, the prosecution, the gallery and even the judge, Baron Devlin, were surprised. [1]
That function is essentially taken over by the attorney for the party in whose favor the affidavit is given; the court relies upon the honesty of the attorney, or, perhaps more realistically, upon the attorney's fear of being disbarred, to guarantee that the declarant is competent to testify, is who he says he is, and has actually sworn to the ...
New Mexico, 564 U.S. 647 (2011), the Court ruled that admitting a lab chemist's analysis into evidence, without having him testify, violated the Confrontation Clause. [ 15 ] [ 16 ] In Michigan v. Bryant , 562 U.S. 344 (2011), the Court ruled that the "primary purpose" of a shooting victim's statement as to who shot him, and the police's reason ...
By Brendan Pierson (Reuters) -A Delaware judge has allowed more than 70,000 lawsuits over discontinued heartburn drug Zantac to go forward, ruling that expert witnesses can testify in court that ...
The role of expert witnesses in English law is to give explanations of difficult or technical topics in civil and criminal trials, to assist the fact finding process. The extent to which authorities have been allowed to testify, and on what topics, has been debated, and to this end a variety of criteria have evolved throughout English case law.
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