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in a he said she said case and if there is no evidence just her word what will the jury be able to see can they see police reports and preliminary hearing testimony. and its like a they said she said case the girl has so many inconsistencies will the jury care and can the case still be drop if a trail date is set

2007-12-19 08:50:44 · 6 answers · asked by Steven B 1 in Politics & Government Law Enforcement & Police

would they convict if the story is inconsistent

2007-12-19 08:51:22 · update #1

6 answers

They can see any evidence that is presented by either side that is not blocked by the judge. Nothing more. They can see the reports if entered into evidence.

The case can be dropped at anytime before the trial starts by the DA or after the trial starts and a verdict is not entered by the judge based on a motion from either side.

"would they convict if the story is inconsistent" - Hard to tell. Depends on the inconsistencies and how consistent the other parties are. You will know for sure at the end of the trial.

2007-12-19 08:54:18 · answer #1 · answered by davidmi711 7 · 0 0

A jury is not entitled to see a police report as that is not evidence. A police officer can testify to what he wrote in a report. Preliminary testimony can come in if it is in conflict with current testimony. If it is a he said, she said situation and that is the only evidence, then the victim would be required to take the stand and testify against the defendant. The defendant is not required to take the stand at all and the fact that he doesn't can not be held against him. If there are inconsistencies in her story, the defense lawyer should be able to pull them out when he cross examines her and the jury will need to decide how credible she is. You can never second guess a jury though and they may just still believe her more than you and convict you anyway, it is difficult to tell. It is doubtful the prosecutor would have issued an arrest warrant without some basis for it unless they felt she was somewhat credible in the first place. The case can always be dropped prior to trial.

2007-12-19 17:38:43 · answer #2 · answered by chill out 4 · 0 1

either ether eis evidence or there isn't.

Both sides are entitled to present there cases and any relevant information.

Any info in the police report can be presented by the officer unless otherwise ruled out.

Anything discussed in the prelim may or may not be allowed - the rules of evidence are stricter at trial.

Yes, a case can be plead out or dropped before trial if both sides agree that the interest of justice supports it.

2007-12-19 17:20:42 · answer #3 · answered by Barry C 7 · 0 0

It depends on jury make up. More women then men and vice versa. She might have the most hole filled story ever but the jury may convict anyway.

2007-12-19 16:54:08 · answer #4 · answered by Bear 5 · 0 0

THE JURY CAN SEQUESTER ALL EVIDENCE SUBMITTED TO THE COURT. THEN THEY CAN WEIGHT EACH PIECE OF EVIDENCE AND GIVE A CREDITABILITY TO IT OR NOT.

2007-12-19 16:59:32 · answer #5 · answered by ahsoasho2u2 7 · 0 0

Your question has so many inconsistencies.

2007-12-19 16:54:24 · answer #6 · answered by jennyღ 5 · 0 1

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