Assignment - Procedures in a Criminal Trial.docx

Analysis here the prosecutor has received a statement

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Analysis Here the prosecutor has received a statement under oath and under penalty of perjury from Bland, a non-party witness to the action, which Walsh was not present during any of the actions that have alleged to have occurred. Assuming that the statement was made under penalty and perjury and under oath gives it the same effect as testimony in Court. Supposing the prosecutor found this information to be found true. Conclusion Once this information has been investigated and found truthful the prosecutor should file Nolle prosequi (Motion to Dismiss) the charges. “Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation on the same. It amounts to a dismissal of charges by the prosecution”. (Schwartzbach, 2018)
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Issue How should the court rule on Bert’s motion to continue regarding Mook? Rule Motions to Continue should be generally granted when they serve the interest of justice. Analysis Here Bert has alleged testimony of Mook who can provide him with an alibi for most if not all of the charges. However, Mook is out of the country on a mountain climbing trip and is expected to be gone for two months. Generally,
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  • Spring '19
  • criminal law, Bert

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