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However, in dismissing the case "without prejudice," Whyte leaves the door open for prosecutors to try again.
Once the door is open for prosecutors to use NSA data to investigate certain crimes, what will stop commercial interests from stepping in and abusing the system for their own ends?
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Depending on how it goes, the Deutsche suit could open another front for prosecutors.
The notice to dismiss was filed without prejudice, which leaves open the option for prosecutors to file charges later.
The Department of Justice should set a national standard and adopt open-file requirements for prosecutors to be far more forthcoming about evidence favoring the defense.
The department should set a national standard by joining state and local governments that have adopted open-file requirements for prosecutors to be far more forthcoming about evidence favoring the defense.
The entrapment defense, however, opens the door for prosecutors to argue that Church, Chase, and Betterly had the propensity to commit the crime.
By failing to destroy the survey samples taken, the MLB Players Associationn - the enormously powerful trade union which fought against any form of testing for decades - then left the way open for the federal prosecutors to come after the results in search of names.
And because Mr. Lay sold his shares back to Enron, rather than into the open market, it becomes harder for prosecutors to demonstrate that he possessed information that the company lacked -- a crucial element of insider trading.
"It would be normal," said Miquel Iceta of the Catalan Socialist party, who was governing Barcelona in 2006 when the clash occurred, for prosecutors to open the case given the "social alarm" it has set off in recent days.
The week was not entirely bad news for prosecutors: their opening statement was passionate and strong.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com