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re: Darius Miles
Posted on 4/2/24 at 10:26 am to BFANLC
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
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