complaining witness


Also found in: Acronyms.
See: victim
References in periodicals archive ?
If the trial judge concludes that, more likely than not, the complaining witness made a knowingly false accusation of sexual assault on another occasion, then the defendant will be permitted to present this evidence to the jury.
concerns, such as undue prejudice to the complaining witness.
45) It is important that the jury understand that the child's potentially inconsistent behaviors during and after the abuse should not undermine the child's credibility as a complaining witness.
33) Both the complaining witness and the court, however, have an even greater interest in excluding confusing, misleading, and prejudicial evidence.
24) For example, in the author's first general court-martial as lead prosecutor, the complaining witness in an indecent assault case made the statement that she had never dated or had any type of relationship with the accused.
6) Since a complaining witness was accorded only qualified immunity at common law(7) and no policy concerns justified extending absolute immunity to a prosecutor for such an action,(8) the Court declined to accord absolute immunity to the prosecutor in Kalina for attesting to facts.
According to court documents, the district attorney, after a discussion of the charges with the complaining witness, determined further prosecution was not in the interest of justice.
The hospital report is based almost exclusively on the word of the complaining witness, who has been proven, time and again, not to be credible," they said in a statement.
Prosecuting attorney John Temple told the court: "What started out as a consensual encounter between the defendant's friend and the complaining witness ended with the defendant raping her.
The Supreme Court stated in Malley that although a police officer's act of seeking an arrest warrant is a vital part of the administration of criminal justice, it is not entitled to immunity because the initiation of process by a complaining witness is relatively removed from the judicial phase of criminal proceedings.
Foster STATE OF MICHIGAN, COUNTY OF LAPEER The complaining witness, on information and belief, says: GENERAL ALLEGATIONS 1.
We need to access Mary Jane because she is a complaining witness against [the suspects], de Lima told reporters Monday.