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Topic: Witness argument


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In the News (Tue 29 Dec 09)

  
 [No title]
Nonetheless, the witness again asserted her spousal testimonial privilege before the grand jury and refused to answer various questions on the ground that to do so would force her to be a witness against her husband in a criminal proceeding.
The witness argues on appeal that because the mere utterance of her testimony, regardless of the criminal consequences, would adversely affect marital harmony, the government's promise not to use her testimony against her husband is insufficient to overcome the spousal testimonial privilege.
The witness had already pled guilty to her involvement in the drug operation and her husband was a target of the grand jury investigation.
vls.law.vill.edu /locator/3d/Apr1997/97a1568p.txt   (2591 words)

  
  Witness - Wikipedia, the free encyclopedia
Witnesses are often called before a court of law to testify in trials.
A certain number of witnesses are legally required to be present at weddings and certain other official events, and may have to sign a register as evidence of the event having taken place.
Witnesses and their testimony in these events are extremely valuable, as scientists and meteorologists rarely have the needed equipment to record these events from an up-close-and-personal perspective.
en.wikipedia.org /wiki/Witness   (865 words)

  
 USCA1 Opinion 01-1619VOL2
The court rejected this argument, concluding that the defendants had sufficient notice that Maldonado would testify to this issue and thus that its previous holding limiting Maldonado's testimony to ballistics was not applicable.
Defense counsel's argument that the defendants' pleas of not guilty in federal court were particularly trustworthy because the defendants had formerly pled guilty in state court was not improper and did not justify the prosecutor's response.
And while the court's curative instruction during the prosecutor's closing arguments was concise, it was sufficient in the context of the overall instructions to assure that the jury was properly appraised of the import of the presumption of innocence.
www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=01-1619VOL2.01A   (8164 words)

  
 Hawaii Intermediate Court of Appeals Case No. 16500   (Site not responding. Last check: 2007-10-17)
Contrary to the State's argument, Witness' virginity was not a matter that might be reasonably inferred from her testimony that she had not had sexual relations with her boyfriend of eight months at the time of the incidents.
Witness began to cry and told Defendant to "get off" but he said, "kick back and relax." Despite her attempts to hold on to her pants, he removed her pants and unzipped his trousers.
Witness was turning her face away from Defendant, crying, and telling Defendant to "leave her alone." Defendant told Sister to "beat it." Three of Sister's friends went into the bathroom to get Witness, but Defendant told them to leave.
www.hsba.org /htdocs/hsba/Legal_Research/Hawaii/members/ica/16500.HTM   (5998 words)

  
 Existence of God - ArticleWorld   (Site not responding. Last check: 2007-10-17)
Arguments for the existence of God fall into different categories: There are the metaphysical arguments that try to prove the logical necessity of a being with at least one attribute that only God could have.
The majority argument, is a subjective argument that argues that people in all times and in different places have believed in God, so it is unlikely he does not exist.
The cosmological argument, is a deductive argument that says, that if the universe had to be created by God because it must have a creator, then God in turn would have had to be created by some other God and so on.
www.articleworld.org /index.php/Existence_of_God   (661 words)

  
 [No title]
QUESTION PRESENTED Whether a witness has a privilege to refuse to testify concerning criminal activity in which she and her husband jointly participated on the ground that the testimony would be adverse to the interests of her husband.
At the same time, respondent was arrested as a material witness on the basis of an affidavit stating that she and her husband "were directed by agents of the Czechoslovak Intelligence Service to attempt to penetrate United States intelligence agencies" and that she acted as a paid courier for the Czechoslovak Intelligence Service.
The court also observed that the indictment "appears to answer the argument" because it "avers that one of the overt acts was committed by (respondent), thus evidencing probable cause to believe that she was a co-conspirator" (ibid.).
www.usdoj.gov /osg/briefs/1985/sg850117.txt   (7928 words)

  
 Sample Jury Arguments
The content of argument attacking the cooperating coconspirator or informant will be shaped by earlier cross-examination of the witness in which the questioner has developed foundations for arguing motive, interest and bias.
In cases where the witnesses are informants or co-defendants who have "flipped" and are "turning state's evidence," defenders will often argue that the testimonial errors are not those of an average, normal, honest witness.  Instead, the defense will typically argue that the witness intentionally or knowingly gave false testimony.
To successfully launch an argumentative attack on the informant or cooperating coconspirator in in closing the case, one first establishes an evidentiary basis, often by employing various modes of impeachment during cross-examination.
juryargument.homestead.com /Sample2.html   (8190 words)

  
 Arguments for the existence of God - Article from FactBug.org - the fast Wikipedia mirror site
First are the strictly logical or metaphysical arguments; these arguments seek to prove that the existence of a being with at least one attribute that only God could have is logically necessary.
The religious or Christological argument is specific to religions such as Christianity, and asserts that for example Jesus' life as written in the New Testament establishes his credibility, so we can believe in the truth of his statements about God.
The Argument from a Proper Basis argues that belief in God is "properly basic"--that is, similar to statements such as "I see a chair" or "I feel pain." Such beliefs are non-falsifiable and, thus, neither able to be proved nor disproved; they concern perceptual beliefs or indisputable mental states.
www.factbug.org /cgi-bin/a.cgi?a=963   (1473 words)

  
 75051 -- In re Homicide Investigation of T.H. -- Ice -- Kansas Court of Appeals
In this case, the witness argues the case should be remanded for the district court to apply the standard of whether the witness has reasonable apprehension that the answer could be used in a criminal prosecution or could lead to other evidence that might be so used.
The witness next contends the district court erred in determining that she did not have a reasonable cause to apprehend danger from a direct answer to the two disputed questions.
The witness argues that the assistant district attorney is not authorized to conduct this inquisition.
www.romingerlegal.com /kansas/kansas_courts/75051.htm   (4357 words)

  
 Fishman Exhibit C
A witness who is willing to be there, and answer in as much detail as necessary (not chopping his evidence short out of desire to "blow" from the stand), gives the judge or juror more time to observe, and get to know that witness;.
One of the judge's chief tools for according weight or credibility to a witness and his testimony is the presence or absence of bias: an argumentative witness, or one-who tries to persuade, is seen as biased, and his testimony is given less weight.
The witness is sworn to tell the truth, And he must, of course, do no. The scope of his testimony and the patter for certain areas will be worked out with counsel, so that there can be minimum risk to our case and to the witness In sensitive areas.
www.xs4all.nl /~peterk/fishman/exhibc.html   (2164 words)

  
 [No title]
As this Court has stated: "The partiality of a witness is subject to exploration at trial, and is 'always relevant as discrediting the witness and affecting the weight of his testimony.'" Davis v.
B. Bias May Be Shown By Proving That A Witness And A Party Belong To The Same Group Evidence of a witness's bias is admitted because the law recognizes "the slanting effect upon human testimony of the emotion or feelings of the witness toward the parties." McCormick on Evidence, supra, Section 40, at 78.
Likewise, although family relationships are not a crime, it is universally recognized that a witness may be impeached by showing that he or she is related to one of the parties.
www.usdoj.gov /osg/briefs/1983/sg830009.txt   (5335 words)

  
 DQ Library: Witness Development
Opponents on the other hand may be worried that this argument creates unfair leverage to prosecutors in their quest to destroy a defendant's credibility.
Jurors may not be overly impressed by the prosecution's argument that the defendant has had the opportunity to fit his or her testimony to the evidence, because that is in line with what they would expect.
In this context, it is hard to imagine that the tailored testimony argument would be particularly meaningful to jurors or would influence their decisions about witness credibility.
www.decisionquest.com /site/dqlib47.htm   (873 words)

  
 Bielaska v Orley
In addition to rejecting the jurisdictional challenge, we reject plaintiffs’ argument that defendants were not entitled to summary disposition on the ground of witness immunity.
“Witness immunity is also grounded in the need of the judicial system for testimony from witnesses who, taking their oaths, are free of concern that they themselves will be targeted by the loser for further litigation.
The Court specifically rejected the plaintiff’s argument that witness immunity was unavailable because the subject of his lawsuit was the autopsy and murder investigations, as opposed to the trial testimony.
www.angelfire.com /mi/oaxamaxao/bielaska.html   (3077 words)

  
 People v Dann (2005 NYSlipOp 00165)
Defendant was indicted for arson in the third degree, as an accomplice, and conspiracy in the fourth degree in connection with a fire at the residence of his estranged wife and children.
Therefore, defendant claims, the police were obligated to obtain a blood alcohol analysis of this witness so he could use the results to attack her credibility.
There was abundant testimony from the girlfriend and the police officers from which the jury could determine whether the degree of her intoxication affected her credibility.
www.courts.state.ny.us /reporter/3dseries/2005/2005_00165.htm   (753 words)

  
 United States, Appellee
As for the averred "missing-witness" argument, appellant waived consideration of this complaint by failing to object during trial counsel’s argument or immediately thereafter.
Here, the witness was equally available to both sides, and the judge did not abuse his discretion in overruling the defense objection.
The military judge permitted the defense to establish by cross-examination of the government witness and by direct examination of its own witness that the policy was unwritten, that it may have been misunderstood, and that it may not have been followed.
www.armfor.uscourts.gov /opinions/1996Term/96-1059.htm   (4031 words)

  
 84538 -- State v. Hazley -- Beier -- Kansas Court of Appeals
Welch was the sole witness for the defense.
The point of not allowing a prosecutor to comment on the credibility of a witness is that expressions of personal opinion by the prosecutor are a form of unsworn, unchecked testimony, not commentary on the evidence of the case.
The argument arises out of the prosecution's failure to specify which illegal items it was relying on for conviction on each charge.
www.romingerlegal.com /kansas/kansas_courts/84538.htm   (3010 words)

  
 Edward Humes - US v Kojayan
7 The AUSA's central argument, however, was that defense counsel had done something improper by asking the jury to infer that Nourian was available to the government, and it was therefore "fair advocacy" for the prosecutor to assert the contrary, even if he knew it was false.
The second was well within the realm of proper argument; it invited the jury to infer that, since the government had taken physical possession of Nourian's body, it probably had ways of getting him into court if it wanted to.
When defense counsel later requested a missing witness instruction and their request foundered because they were unaware of the government's agreement with Nourian, the government was required, under Brady, to disclose this evidence.
www.edwardhumes.com /articles/kojayan.shtml   (5500 words)

  
 For An Answer: Christian Apologetics - Theos as a Count Noun
Recently, some Jehovah's Witness apologists have developed a sophisticated defense of the NWT translation and attack on the traditional rendering on the basis of "God" being a "count noun." Count nouns, they say, cannot be purely qualitative in meaning, but must always be either definite or indefinite.
Witness apologists who have popularized the "theos is a count noun" argument prefer a contextual determination of mass/count nouns.
Witness apologists have often demanded that Trinitarians provide "a clear example of a Q-only count noun." I have already demonstrated that the presupposition that theos in John 1:1c is a count noun, based on the Witness's preferred contextual definition of a count noun, cannot be substantiated.
www.forananswer.org /Top_JW/Theos_CountNoun.htm   (5371 words)

  
 State v. Duke, 360 NC 110 (57A04) 12/16/2005
Arizona, 536 U.S. ; and (3) this argument by defendant is speculative in nature when defendant did not assert in his brief or at oral argument that the murders committed by him were not especially heinous, atrocious, or cruel or for some reason require appellate narrowing.
In that case, we held there was an improper argument during closing statements when the prosecutor told the jury the trial judge found a statement reliable and trustworthy, and if the trial judge had found anything wrong with the testimony he would not have let the jury hear it.
Defendant did not assert in his brief or at oral argument that the murders committed by him were not especially heinous, atrocious, or cruel or for some reason require appellate narrowing.
www.aoc.state.nc.us /www/public/sc/opinions/2005/057-04-1.htm   (10373 words)

  
 OBJECTIONS TO CRIMINAL JURY ARGUMENT
Of course, the decision to object to argument will be tempered by numerous considerations, including the seriousness of the error and whether it is best addressed by objection or by reply.
Note that prosecution arguments that merit condemnation from appellate courts won't constitute a ground for setting aside a conviction on collateral attack, unless the arguments so infect the trial with unfairness as to make the resulting conviction a denial of due process.
This has the additional unfairly prejudicial effect of implying that the prosecutor has concluded that his witness(es) is credible based on a facts not in evidence, i.e., that law enforcement agents who appear in court as witnesses always tell the truth.
www.juryargument.homestead.com /Objections.html   (2921 words)

  
 [No title]
Their first argument was to observe that the inclusion of connecting lines in certain maps "is what a lawyer would call 'leading the witness'." This was used as the minor premise in a syllogism for which the major premise was never stated.
In this context, we may also observe that Soter's and Sagan's first argument provides another illustrative example of "leading the witness"; the argument attacks procedure, not substance -- and serves only to blunt the reader's possible criticism of the forthcoming second argument.
A complete quantitative examination of this problem will require the numerical estimation of at least three factors, and their expression in a uniform metric so that wee can see which way the weight of the evidence is leaning.
www.textfiles.com /ufo/UFOBBS/2000/2707.ufo   (1566 words)

  
 Fallacies of Weak Induction:  Appeal to Authority
The credibility of a witness depends on various factors, including whether the witness has the capacity to perceive, remember, and communicate what he or she claims to have seen or heard, and whether the witness has some motive to lie.
Since the witness would probably be interested in sending such a rival to jail, the testimony is virtually worthless, and the argument is therefore fallacious.
Since the witness is practically blind, she could hardly have seen the crime from a distance of 100 yards.
www.lich-mc.com /vietnam/fallacies.htm   (1990 words)

  
 C-J Online Community: Witness says argument led to slaying 4/22/97
An argument about friendship spurred the Feb. 13 shooting death of Richard Todd "T-Man" Schmidt, a witness testified Monday in Shawnee County District Court.
Schmidt and Rah-Maan "Rock Man" Saleem were "yelling and fussing" at one another about who had known a third man, Pete Hill, longer, said Arnett Rice, who was attending a party Feb. 13 at 1314 S.E. Morrison.
Dowd delayed ruling on whether to bind over Saleem on a charge of aggravated battery until prosecution and defense lawyers could submit arguments on that charge.
www.cjonline.com /stories/042297/shooting.html   (340 words)

  
 Jesus Christ is not God
If the Witnesses argue that in John 20:28 Thomas was exaggerating about Jesus, point out that if Jesus was not God, Thomas would have been blaspheming and Jesus would have rebuked him, but He didn't - He clearly approves of what Thomas said.
The Witnesses will say it is Jehovah, but Revelation 22:16 (just ten verses later) says: "I Jesus have sent my angel, to testify to you these things in the Churches." Jesus is "the Lord God of the spirits of the prophets" spoken of in verse 6.
Ask the Witnesses why the Jews would seek to stone Jesus if He wasn't claiming to be God, especially since execution by stoning was reserved by Jewish Law for only a few crimes.
catholiceducation.org /articles/apologetics/ap0119.html   (2192 words)

  
 JESUS CHRIST IS NOT GOD
The Witnesses will say it is Jehovah, but Revelations 22:16 (just ten verses later) says: "I Jesus have sent my angel to testify toy ou these things in the Churches." Jesus is "the Lord God of the spirits of the prophets" spoken of in verse 6.
Ask the Witnesses if they agree that using the divin e Name in vain, or applying it to oneself, would be considered blasphemy in the Old Testament (cf.
Ask the Witnesses why the Jews would seek to stone J esus if He wasn't claiming to be God, especially since execution by stoning was reserved by Jewish Law for only a few crimes.
www.goodcathinfo.com /ccarchjesnotgod.htm   (1935 words)

  
 [No title]
I instruct this jury to disregard the answer given by this witness in the course of this examination an answer he gave that was not responsive to the question.
Moreover, as the government recognized in its closing argument, the amount of drugs at issue, and the presence of the scale and baggies in the car, proved the intent element.
On rebuttal argument, the prosecutor acted improperly by suggesting that Tabatha xxxxxxxxx should have been present to claim the drugs if they were her drugs.
www.dcfpd.org /motions/appeals/cross/alford.htm   (9471 words)

  
 The Mormon Internal Witness Argument
The inevitable result is that the proclaimer of whatever internal witness must declare that the seeker is not sincerely seeking, or is not accessing the right source.
Indeed, since the internal witness is not accessible or open to investigation or argument (as would be things with an evidential basis) one might suggest that the internal witness serves an even less useful purpose than external evidences -- and indeed, offers more opportunities for people to deceive themselves.
I responded here, but to address that last and most relevant to this issue, I noted that our atheist could posit a "best case" scenario: Every person on earth is followed around by a Blue Fairy that mutters the truth of the Gospel in their ears 24 hours a day.
www.tektonics.org /gk/insidejob.html   (3792 words)

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