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The "guilt phase" would determine whether the prosecution established beyond a reasonable doubt that the defendant committed the charged capital offense.
Judge Moore set a court hearing for Dec. 8 to determine whether the prosecution had established that Mr. Fossella met the legal threshold for the five-day jail penalty.
In a 2012 interview with The New York Times, he said it was up to "others" to determine whether the prosecution of Tymoshenko was politically motivated — even though his own report suggested it was not.
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The indictment of an officer in such a case is uncommon, and a lawyer for the officer said yesterday that he might take the unusual step of having his client testify before a grand jury, which would determine whether the evidence presented by the prosecution supports an indictment.
The Justice Department said it was looking "to determine whether the evidence warrants federal prosecution".
It said in a statement: "Experienced federal prosecutors will determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction, and whether federal prosecution is appropriate".
Experienced federal prosecutors will determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction, and whether federal prosecution is appropriate in accordance with the Department's policy governing successive federal prosecution following a state trial.
The prosecution of Mr. Gupta, with its challenges, will determine whether the government can keep that winning streak intact.
Inspections determine whether the facilities should remain open.
To determine whether the i.n.n
"The Attorney General of the Falkland Islands will consider the results of the investigation and determine whether a prosecution is to be brought," it said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com