Washington Jury Instruction - Identification Testimony
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How to fill out Jury Instruction - Identification Testimony?
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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.
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.
Permanent Excusal. If a witness is permanently excused, this means that the witness can return to their duties, to their home, or to the gallery (the public viewing area of the trial) to watch as a spectator.
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 ...
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 ...