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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.
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person.
The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
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.
The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and cross-examination of witnesses. Otherwise types of evidentiary rules specify the standards of persuasion (e.g., proof beyond a reasonable ...
Three eyewitnesses identified Zeron Moody as one of two shooters who opened fire in a neighborhood park and killed 19-year-old Fontaine Sanders. Two of those people named Terreon Gathings as the ...
These latter witnesses are more likely to experience confirmation bias. Witness expectations are to blame for the distortion that may come from confirmation bias. For example, Lindholm and Christianson (1998) found that witnesses of a mock crime, who did not witness the whole crime, nevertheless testified to what they expected would have happened.
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."