missing witness rule

missing-witness rule. The doctrine that, when a party fails at trial to present a witness who is available only to that party and whose testimony would have been admissible, the jury is entitled to infer that the witness’s testimony would have been unfavorable to that party. [Cases: Criminal Law 317; Evidence 77; Trial 211. C.J.S. Criminal Law §§ 705–706; Evidence §§ 169–173; Trial §§ 501–504, 568.]

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词条贡献者

资深译员重在，毕业于世界顶级翻译学院，擅长翻译各类与监管和调查相关的法律文件。