There are lots of reasons that a district attorney might choose to move on with a case maybe even when a witness doesn’t wish to affirm, states that she or he will appear in court or is else uncooperative. Some factors consist of:.
Statement Is on the Record.
Even if the witness does disappoint up in court or is not available at the moment of trial, the district attorney might not need the witness’ statement if there is currently statement on the record like because there was an initial hearing where the witness is analyzed. The test that lots of states apply if the witness is not available if statement can be re-used is whether the offender cross-examined the witness. One technique that some defense counsel might use is not to ask pointed questions the witness at initial hearing, understanding that the witness might later on re-establish a relationship with the offender or otherwise not to implicate somebody she or he enjoys of the criminal offense.
In order for a district attorney to use previous statement, nevertheless, the witness should be thought about lawfully not available. This is specified under state or federal law, depending upon the court that is dealing with the claim. To be lawfully not available, the witness might be outdoors of the jurisdictional limitation, physically or psychologically handicapped, not able to be discovered or have actually conjured up an opportunity that avoids the prosecution from requiring the witness to affirm. Furthermore, the prosecution needs to typically make a good faith effort in order to protect the victim’s statement. If the accused triggered the witness not to be readily available, the victim’s declarations might have the ability to be confessed.