Tagged: detaining witnesses

Material Witness Orders: Misuse in NY?

Material witness orders give prosecutors the power to detain uncooperative witnesses in the rare circumstance in which they might flee.  However, recent wrongful conviction cases reveal that NY prosecutors may be misusing such orders to coerce testimony from reluctant witnesses.  The law may be clear but prosecutors may be bypassing the required judicial review, detaining witnesses, and coercing testimony that is ultimately unreliable.

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