By Eugene A. Dooley
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Oral testimony by victim) Defendant Myers testified in his own defense, stressing Yanez's abusive language and continuous threats. He also testified that the battery in the stun gun was weak at the time he used it against Yanez, reducing its force. Myers presented the testimony of at least one other police officer, Robert Brown, who corroborated parts of Myers's testimony. Myers's testimony, however, was quite similar to the evidence presented by the government's witnesses, including Yanez. The parties differed little about what happened in this case; the decision turned on whether use of the stun gun was reasonable under the circumstances described above.
A preliminary examination occurs before a judge and is adversarial, while a grand jury meets only with the prosecutor and witnesses called by the prosecutor. The federal courts view the two processes as duplicative, so a defendant who has been indicted by a grand jury has no right to a preliminary examination. • 26 • Learning Evidence: From the Federal Rules to the Courtroom • • • • sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
Parties sometimes even introduce expert testimony to explain the weight of other evidence. A psychologist who has studied eyewitness testimony, for example, might explain the circumstances under which that evidence is unreliable. Unlike eyewitnesses, expert witnesses do not need to have any firsthand knowledge about the controversy in question-that is, they do not need to have directly seen or perceived the events that underlie the litigation. Many times experts simply review documents or data compiled by others and apply their expertise to this second-hand information.
Church Law on Sacred Relics by Eugene A. Dooley