Massachusetts Jury Instructions - Defendant's Failure to Testify
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If a judge finds that a witness is unavailable, the proponent of the witness may read prior testimony from the witness against the same defendant as long as the defendant was then present and given an opportunity to cross-examine the witness with an interest and motive similar to which he has at the hearing.
Missing Witness. If it is peculiarly within the power of the government to produce a witness who could give material testimony, or if the witness would be favorably disposed to the government, failure to call that witness may justify an inference that [his/her] testimony would be unfavorable to the government.
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony. This rule does not apply to a witness's expert testimony under Rule 703.
If a witness willfully refuses to appear, the court may issue a bench warrant for their arrest. This is a legal order for law enforcement to apprehend the missing witness and bring them to court. Bench warrants are typically issued in situations where the witness's testimony is critical to the case.
The Fifth Amendment of the U.S. Constitution protects a defendant from self-incrimination ? this includes the right not to testify at trial or respond to any questions posed by the prosecution or the judge.
Such an instruction provides generally that if a party fails to produce a witness within his power to produce, the jury may infer that the testimony would have been adverse to that party (if it was under the party's control, if it could have been produced by the exercise of reasonable diligence, if it was not equally ...
Rule 609(c) as submitted by the Court provided in part that evidence of a witness' prior conviction is not admissible to attack his credibility if the conviction was the subject of a pardon, annulment, or other equivalent procedure, based on a showing of rehabilitation, and the witness has not been convicted of a ...
The missing-witness rule as established in Graves is a broad version of the rule that remains largely intact today: If one party has a witness within its control and the witness has material evidence, failure to produce the witness and provide the evidence "creates the presumption that the testimony, if produced, would ...