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14 July, 20:11

What is the instruction that tells jurors they can infer that the witness's testimony would have been unfavorable to the prosecution?

a. a hearsay instruction

b. a constitutional reversible error instruction

c. an imprisonment peremptory instruction

d. a missing witness instruction

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Answers (1)
  1. 14 July, 21:46
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    The answer is D - A missing Witness instruction

    Explanation:

    A missing witness instruction provides that if a party fails to produce a witness within its power and ability to produce and there is not a reasonable excuse for the failure to do so, then the jury may infer that the testimony would have been unfavorable to that party. The decision to give this instruction is a matter of court discretion.
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