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Gilbert v. California, 388 U.S. 263 (1967), was an important decision of the Supreme Court of the United States, which was argued February 15–16, 1967, and decided June 12, 1967. The case involved Fourth Amendment and Fifth Amendment rights, the taking of handwriting exemplars, in-court identifications and warrantless searches.
A person's right to reasonable notice of a charge against him, and an opportunity to be heard in his defense—a right to his day in court—are basic in our system of jurisprudence; and these rights include, as a minimum, a right to examine the witnesses against him, to offer testimony, and to be represented by counsel. [9] In Washington v.
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
Many legal scholars have criticized the continued use of the doctrine of falsus in uno to discredit a witness' entire testimony. [17] For example, Judge Richard Posner once remarked that falsus in uno was a "discredited doctrine" based on "primitive psychology". This assertion was not made in relation to fraudulent documentation or a "material ...
The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify. Per 18 U.S.C. § 6002, a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt.
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 People of the State of California v. George W. Hall or People v.Hall, 4 Cal. 399, was an appealed murder case in the 1850s, in which the California Supreme Court established that Chinese Americans and Chinese immigrants had no rights to testify against white citizens.