2007-08-02 22:57:40 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
CPS should send the attorney for the plaintiff discovery, and that includes all information that is not protected by law. For instance, you may be able to see the initial report, what you will not see is the person who made it!
The simple answer is no, unless it is protected by law! Though child abuse prosecutions and criminal ones are far different! For one, it is civil! The standard to prove a case is by the preponderance of the evidence (50.00001%), not beyond a reasonable doubt!
If they withheld evidence, you have a right of an appeal, and in my state a whole new trial from ground Zero!
In most instances, given the standard of proof, I can't think of too many things, except that you are totally innocent, that will get a finding overturned. They do happen because as far as I am concerned, and I investigated child abuse for 16 years, there are a lot of people doing assessments that have no business doing assessments! They are often incompetent and lazy! Actually, if you knew what you were doing it should not be very hard to get the court to throw the case out, however, they have a responsibility to the law first, and then to the children!
When push comes to shove, if they are going to make an error, they will seldom take your side over a childs, especially toddlers and younger, if they are at-risk! We see too many deaths for them to even consider it if there is a case at all! That does not mean an automatic finding, but when you see babies blown away with a 12 guage shotgun in their crib after a persons second appearance in court, that will remain in their mind! Especially if it was they who screwed up!
2007-08-02 23:16:24 · answer #1 · answered by cantcu 7 · 0⤊ 1⤋
No. The Disclosure Rules dictate that any evidence which could be used to undermine the CPS case must also be disclosed to the defence. If the defence want more, they must serve what is called a Defence Statement, which lays out the defence they plan to put forward at trial.
Also, I've never met a CPS lawyer who has ever wanted to put a square peg in a round hole so to speak. In other words, if they themselves have come across evidence that points to someone's innocence, they consider it a duty to say something in the interests of justice
2007-08-03 06:05:03 · answer #2 · answered by Anonymous · 1⤊ 0⤋
certainly can. the legal system is like a game, and each side plays to win...they can withold whatever they like if its within their legal remit.
2007-08-03 06:09:48 · answer #3 · answered by Anonymous · 0⤊ 3⤋
i shouldnt think so
2007-08-03 06:13:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he can do it
2007-08-03 06:01:02 · answer #5 · answered by narsimha l 5 · 0⤊ 1⤋