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If a prosecutor possesses evidence that could help the defendant, they are ethically obligated to disclose it to the defense. This duty upholds the principles of justice and fairness, ensuring that the defendant has a fair opportunity to present their case. Failing to disclose such evidence could lead to a miscarriage of justice and potential repercussions for the prosecutor. Ultimately, the integrity of the legal process relies on transparency and the pursuit of truth.
What else can I help you with?
What is the job of prosecution?
The role of the prosecutor - is to outline the charges and present the evidence against the defendant.
Who speaks first the defendant or the prosecutor?
the prosecutor
What the difference between the prosecutor and the jury?
The prosecutor is a legal official responsible for presenting the case against the defendant in a criminal trial, aiming to prove their guilt beyond a reasonable doubt. The jury is a group of individuals selected to hear the evidence presented by the prosecutor and defense attorney and ultimately determine the defendant's guilt or innocence based on that evidence. The prosecutor represents the state or government, while the jury represents the community in deciding the outcome of a trial.
What is the lawyer against the defendant called?
The prosecutor.
Do you have to get approval of your evidence from opposing lawyer before a trial?
you as a defendant are entitled to all discovery from the prosecutor. If that did not answer your question, please be more clearer on what you need to know.
Due process disclosure of what type of evidence must be determined and made by the prosecutor Informal statements or informal attitudes or exculpatory information or hearsay?
The prosecutor must disclose exculpatory information to the defense as part of due process. This includes evidence that could be used to exonerate the defendant or undermine the prosecution's case. Failure to disclose such information may violate the defendant's rights.
What happens if prosecuter presents false evidence in a jury in trial?
If a prosecutor discovers during the course of a trial, or if it is noticed by the defendant's attorney that false or misleading evidence has been presented, then the judge and the jury will be so informed to disregard the evidence. Generally speaking, a prosecutor nor a defense attorney will knowingly present false evidence. Depending on the circumstances a judge may call a mistrial, and an entire new trial will take place at a future date. If the prosecutor's case is heavily based on false evidence, then there's a chance that there will be no new trial and the defendant is free of all charges.In situations where the trial is over, and the fact that false evidence was submitted that convicts the defendant, then an appeals court will overturn the verdict. If the defense had presented false evidence that caused a not guilty verdict to be rendered, then that attorney is subject to fines or criminal charges. Whether a defendant can be tried again is doubtful. Depending on the circumstances, new charges might cause a new trial for the former defendant.
If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
What is the difference between information and a bill of indictment?
An information is where the district attorney or prosecutor charges a defendant of some crime or crimes, whereas an indictment is where the a defendant is charged after a grand jury has heard the evidence. The evidence usually meets a certain standard such as legally sufficient standard or probable cause.
Can an endictment be modified by defendant?
An indictment may not be modified by the defendant. It's the prosecutor/court that determine the charges.
Name of person making a case against a defendant?
A Prosecutor
Civil trial vs criminal trial?
In a Criminal Trial, you have a Prosecutor and Defendant. The prosecutor's job is to prove beyond a reasonable doubt. In a Civil Trial, you have a Plaintiff and a Defendant. The plaintiff's jog is to present the preponderance of the evidence. Both can be jury trials. The bar is lower for the defendant in the Criminal trial. He can demand a jury trial and get it in most situations. Beyond a reasonable doubt means almost certain. Preponderance of evidence means the evidence on the side of the plaintiff is a whole lot stronger than that on the side of the defendant. Still, what a jury will decide and award one party is frequently simply a guess. It can differ quit a bit from theory.
