What is the burden of proof against a defendant who has refused to cooperate with the prosecution?
"New York", United States of America
The following excerpt is from People v. Doe, 18 N.Y.S.3d 581 (Table) (N.Y. Crim. Ct. 2015):
Given Complainant's refusal to cooperate with the prosecution, the People will not be able to meet their burden of proof at trial on any of the charges (see People v. Prunty, 101 Misc.2d 163, 167, 420 N.Y.S.2d 703 [Crim Ct, Queens County 1979] [(I)t is the evidence available to the People that is contemplated by this factor.] ).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
Does a prosecutor comment on a defendant's refusal to testify change the burden of proof? (MultiRegion, United States of America)
What is the impact on a defendant's sentence of his refusal to cooperate with the government? (MultiRegion, United States of America)
Is it improper for a sentencing court to consider a defendant's refusal to cooperate with the government as a factor in his sentence? (MultiRegion, United States of America)
Is a person who refuses to comply with section 235(1) of the Canadian Bill of Rights liable to arrest and prosecution for refusing to comply? (Canada (Federal), Canada)
What is the burden-shifting and enhanced burden of proof of a fiduciary relationship? (MultiRegion, United States of America)
What is the burden of proof and what is the threshold of proof? (Canada (Federal), Canada)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proof when a defendant neither affirms nor denies an alleged prior conviction? (MultiRegion, United States of America)
Does a defendant have a claim that the prosecution acted improperly by offering him a less favorable plea bargain than his co-defendant? (MultiRegion, United States of America)
