Missing Witness (revised 2014) is an American legal thriller film written and directed by Paul Kimball. The film follows the story of a defense attorney, played by Rachael Lefter, who is assigned to the case of a murder suspect who is suffering from amnesia. The attorney must search for a missing witness who can prove the suspect's innocence. The film stars Rachael Lefter, Michael Pare, Andrew Burt, and Susanna Thompson. It follows the attorney as she seeks out the missing witness and comes up against a powerful political figure who is trying to cover up the truth. Along the way, she discovers a web of corruption and deceit that could put her life in danger. The film is a typical legal thriller, with twists and turns leading to a suspenseful climax. It is filled with mystery and intrigue, and the talented cast and crew make it an entertaining watch. Missing Witness (revised 2014) is a must-see for fans of legal thrillers.
Missing Witness (revised 2014)
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Section 240 - "Unavailable as a witness" (a) Except as otherwise provided in subdivision (b), "unavailable as a witness" means that the declarant is any of the following: (1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant.
The 'missing witness' instruction allows a jury to draw an unfavorable inference when a party fails to call a witness who would normally be expected to support that party's version of events (People v Savinon, 100 NY2d 192, 196 2003).
?The 'missing-witness' rule?which dates back to 1893 Supreme Court case Graves v. United States?allows one party to obtain an adverse inference against the other for failure to produce a witness under that party's control with material information.
In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason.
6 There are five situations in which the witness will be considered unavailable - when the witness has a valid privilege not to testify, refuses to testify, claims lack of memory, is dead or unable to testify due to illness, or is absent and the proponent of his statement has been unable to secure his attendance.
Maryland Law on Missing Witness Rule Inferences if a party has it peculiarly within his power to produce witnesses whose testimony would elucidate a transaction, the fact that he does not do it creates a presumption that the testimony, if produced, would be unfavorable.
Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses.
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.