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re: Darius Miles
Posted on 4/2/24 at 9:30 am to Robot Santa
Posted on 4/2/24 at 9:30 am to Robot Santa
quote:
Centuries of well settled law? That scenario doesn't even come close to a hearsay exception and there is absolutely no way that statement comes in.
My reply was concerning the statement about making witnesses disappear by the defense. If that is a worry it should definitely work both ways. The exception allows the prosecution a freedom that the defendant won't get. You should always be allowed to question your accuser. Since they cross examined him once they now no longer have that right? Hell let's just assume that everything is above board and concrete. No reason to even question his testimony now. They already did.
State sovereignty into the discussion about double jeopardy is irrelevant. Double jeopardy is double jeopardy. If yall think the state government doesn't have laws that cross the double jeopardy line then you haven't been in the real world.
2
Posted on 4/2/24 at 10:26 am to BFANLC
quote:
My reply was concerning the statement about making witnesses disappear by the defense. If that is a worry it should definitely work both ways.
It does work both ways. If the defense procures the unavailability of a state witness the implication is pretty obvious. If the state procures the unavailability of their own witness, the implication is also pretty obvious. That's why those situations are treated differently, but in either event you don't get to benefit from your own misbehavior.
quote:
You should always be allowed to question your accuser. Since they cross examined him once they now no longer have that right?
They did get to question him. And no, they don't now that he's dead. You can't question a dead person. His prior testimony is only considered reliable evidence because he was subject to cross-examination. This wasn't a statement made to the police. That's still excluded. Only his statements in open court, under oath, subject to cross go into evidence.
This post was edited on 4/2/24 at 10:28 am
Posted on 4/2/24 at 10:51 am to BFANLC
quote:
My reply was concerning the statement about making witnesses disappear by the defense. If that is a worry it should definitely work both ways. The exception allows the prosecution a freedom that the defendant won't get.
The same rules apply for defense witnesses. They're allowed exactly the same hearsay exceptions. If you follow the link I posted earlier, you'll see they're from the Alabama Rules of Evidence and apply equally for both sides.
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