The first car mounts the gutter, side-swipes a pole, and swerves into the middle ofthe road. This
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car and the death of a struck pedestrian.
Yasmin had been quite intoxicated.There was also a passenger in the back seat of the first car (Ash, 21). Ash was nottested at the scene or later, but was believed to be sober.
The second car had a driver and a passenger in it (Brett, 30 and Carla, 28respectively). The second car collided with the first car after the first car's accident,but Brett and Carla were only slightly injured.
There were only two other known witnesses. Dane, 19 who was passing by on footand who was under the influence of drugs and Egbert, 80 who wears glasses.
The prosecutor calls all living persons mentioned above as witnesses, apart fromAsh, as the prosecutor is not convinced of Ash's sobriety at the time nor, "being aclose mate of the driver, of his reliability as a witness.
Is the prosecutor allowed to decide this selection of witnesses?
Could this selectiondisadvantage the defence? Can the judge query the prosecutor's decision? What arethe duties arising upon the prosecutor, if any?Citing any relevant Bar Rules and cases which could apply, discuss any potentiallegal and ethical issues which arise. (For brevity, you may refer to the prosecutorsimply as 'Crown').
Related Book For
Statistics For Engineering And The Sciences
ISBN: 9781498728850
6th Edition
Authors: William M. Mendenhall, Terry L. Sincich
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