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That makes the threat of referral for prosecution problematic, said Stanford Law School professor Joan Petersilia, who with her students is surveying the increase in diversion programs — some of which partner with for-profit companies — that have resulted from shifts in California criminal justice policy.
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But Sherman and others counter that prosecution and treatment are problematic, too.'It's because of O.J. that a lot of men are now catching the blunt end of it," Michael says.
That could be problematic for the prosecution, Professor Gillers said, because the defense lawyer could pin the witness to certain facts that would prevent the prosecution from later changing its theory of the case.
The most problematic element of the prosecution's case, as Dwyer's defense lawyer Remy Farrell SC alluded to, was that much of the evidence presented was circumstantial and did not tie Dwyer to the crime directly.
Even lesser attention is paid to children in courts and tribunals for criminal prosecutions or civil proceedings: prosecutions of crimes committed against children remains problematic (e.g. in Colombia and the DRCongo),children's access to judicial proceedings tends to be very limited, and special measures to protect them when they are included tend to remain exceptional [ 56].
If an alleged victim is suing the defendant for money, as well as serving as the main witness for the prosecution in the criminal case, that's very problematic for the government.
Even more problematic, some experts say, is that the prosecution of alleged offenders falls to the governments of the countries that provide the peacekeepers.
Perhaps they sympathized with the problematic dynamics of race and prejudice but still concluded that the prosecution did not prove its case sufficiently.
Tough prosecutions.
This may look problematic, as the act exists to protect faiths such as the Roman Catholic church against prosecution for having a doctrinal issue with women priests.
One law enforcement official involved in the investigation said no single problematic detail about Ms. Diallo's background, or even all of them put together, had undermined the prosecution's faith in its ability to present a viable case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com