== == In most cases, yes. If the person is named on the witness list and is obligated to give testimony the defense attorney will have the opportunity to challenge information contained in the statement. If the person is not going to testify at the trial it is up to the judge whether or not such a statement will be allowed to be entered as evidence and heard by the jury. And here we have one of the most glaring problems in the American justice system. Surprise testimony, on the day of the trial....... Ambush tactics by the prosecution. In the British common law system, the process of "discovery " before the trial begins , rules out this farce from happening. Discovery means that ALL the witnesses have to be questioned by the defense about their evidence, before they get into the court room, to prevent a perversion of justice . Once they testify in court, they can be held to their "statements " given in Discovery, as they are sworn at that time.
no because the defense is legally allowed to have all evidence the prosecutor has when they file a discovery motion. hiding evidence till the day of trial is a a procedural no no as well as possible misconduct.
No. All evidence must be shared between the prosecutor and the defense lawyer through the process of discovery. A prosecutor cannot withhold evidence.
Judge - Clerk of the Court - Bailiff - Court Stenographer - Defense Counsel - Prosecutor/Plaintiff's Counsel
The prosecutor makes the first opening statement. The defense follows with its opening statement after the prosecution states its case.
It can be. It is up to the prosecutor or the defense lawyer. They need to be notarized.
if the prosecutor fails to meet burden of proof then the defense counsel may ask for dismissal of the charge but if the judge will not do so then defense councel can ask for a directed verdi. what is a direct verdi and how can it benefit the defense?
Any time he wishes. The judge is not bound in any way by any agreements entered into between the prosecutor and the defense counsel.
Trial. defense
Trial counsel and Defense counsel.
The Counsel for the Defense - 1913 was released on: USA: 20 August 1913
Counsel for the Defense - 1925 was released on: USA: 6 December 1925
Counsel for the Defense - 1915 was released on: USA: 18 October 1915
Trial and Defense Counsel