If the prosecution can't produce it's witness, will the court dismiss my case?
Автор: Gambone Law
Загружено: 2022-02-07
Просмотров: 676
It’s a common sense principle that only the person observing something can truthfully and accurately testify as to what happened. If something is told to someone else and that secondary source comes to court to testify, there’s a possibility that this secondary source will fail to properly restate what was told to them.
Read the blog article
Unavailable Witnesses, Hearsay, & the Exceptions
https://gambonelaw.com/unavailable-wi...
You can see this concept at work if you tell a group of people a story and then ask them to retell it to you. You’ll find that every person will present a different version of what actually occurred. There are situations, however, where a person can’t come to court because they have passed away, have taken ill or have simply “disappeared.”
In these situations a court must determine if the previous statements made to police, law enforcement or some other individual are admissible. The United States Supreme Court dealt directly with this issue in the case of Crawford v. Washington.
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