Also known as: states evidence · state evidence · turn state's evidence · turning state's evidence · prosecution witness · cooperating witness
Written by attorneys · grounded in primary & secondary sources — see below
Evidence presented by the prosecution in a criminal case to establish the defendant's guilt.
Sebastian Santos faces trial for burglary. The prosecution calls a juvenile witness whose probation status the defense seeks to explore on cross-examination. The state's evidence rests heavily on that witness's identification. The court permits the inquiry to show possible bias, allowing the defense to undermine the prosecution's proof.
Santiago Sanchez is charged with robbery after police obtain statements without warnings. The state's evidence includes those statements. After the court suppresses them, the prosecution must rely on remaining physical proof and eyewitness accounts to meet its burden.
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Sylvia Santos is prosecuted for assault. During jury selection the defense strikes minority venire members. The state's evidence would be affected if the same panel were used, prompting the court to examine whether the strikes undermine the integrity of the prosecution's case presentation.
Spencer Silver and two codefendants stand trial for capital murder without appointed counsel. The state's evidence consists of eyewitness testimony and confessions. The absence of defense preparation leaves the prosecution's proof largely unchallenged, resulting in swift convictions.
Simon Stern is prosecuted for murder. The state presents its evidence of intent and the defendant offers proof of extreme emotional disturbance. The court instructs the jury that the defendant bears the burden on the mitigating fact, testing whether the state's evidence alone satisfies due process.
Sasha Stone is tried for deliberate homicide. The state's evidence shows purposeful conduct. The defendant seeks to introduce voluntary intoxication to negate the mental state. The court excludes the proof, forcing the jury to decide guilt solely on the prosecution's presentation.
It refers to the body of proof offered by the prosecution to prove the elements of the charged offense.
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The clause may require the court to allow cross-examination of a prosecution witness about a juvenile record to show bias, even when ordinary rules would exclude the evidence.
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The prosecution may still proceed if other admissible proof remains sufficient to satisfy the burden of proof beyond a reasonable doubt.
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Yes. When defendants lack counsel, the prosecution's evidence often goes unchallenged, undermining the fairness of the trial process.
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…kind of evidence will now, under this new version of the Fifth Amendment, either not be tried at all or will be acquitted if the State's evidence, minus the confession, is put to the test of litigation. I have no desire whatsoever to share the responsibility for any such impact on the present criminal process. In some unknown…