Legal Question in Criminal Law in Michigan
Federal Prosecution
Why does the Federal prosecutor have the first choice to subpoena a witness, even though the witness may benefit the defense.
2 Answers from Attorneys
Re: Federal Prosecution
The prosecution has the burden of proof ... has to put on the evidence first ... etc. The prosecution also is not limited to calling only witnesses favorable to the prosecution --- for example, the only eye witness to an event might be the defendant's friend, and supportive of the defendant's version of events, would be called by the prosecution because he was the only eye witness.
The jury is instructed to consider all the evidence ... not which side called the witness ... not the numbers of witnesses called by either side.
Re: Federal Prosecution
Because the prosecution always goes first in criminal trials.
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