Such relaxation of the application of the rules of evidence also can be seen in jury trials, including where the judge
allows prosecution witnesses to testify to otherwise inadmissible hearsay matters after a prosecutor claims s / he will «tie up» the hearsay loose ends with subsequent testimony and evidence.
Not exact matches
The
prosecution counsel, however, sought an adjournment to
allow him present more
witnesses to give further testimonies.
Gipson notes the law would give judges the discretion to
allow facility dogs for not only child abuse victims, but for any victim or
witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or
prosecution side.
Consequently, for a judge not to
allow defense voir dire / cross examination questioning of a
prosecution witness before a damning exhibit is
allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.
Consequently, trial judges have nothing to lose and often much to gain by permitting at least brief voir dire / cross examination of
prosecution witnesses before a damning exhibit is offered into evidence, and also need to think twice before
allowing inadmissible hearsay into evidence to see if the prosecutor «ties together» the evidence to make it no longer inadmissible hearsay.
We do know, that Virginia's Supreme Court generally favors
allowing criminal defendants a reasonable opportunity to cross examine
prosecution witnesses:
Where there was a shared service background between a crucial police
witness and the police officer juror (Green), or where there the CPS lawyer juror had close connections with the trial court and
prosecution team (Williamson) there was apparent bias and the appeal was
allowed.
A federal statute, 18 U.S.C. § 6005,
allows a single house or committee of Congress to vote to grant a congressional
witness immunity from
prosecution, thereby requiring the
witness to give full and complete testimony at the hearing.