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That's why individual prosecutions need to be part of a broader enforcement system, said Ms. White, the former United States attorney.
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In the recent case of the State Department contractor Stephen Kim, the presiding judge ruled the prosecution "need not show that the information he allegedly leaked could damage US national security or benefit a foreign power, even potentially".
Under the Sexual Offences Act 2003 it is an offence to engage in any sexual activity with a child under the age of 16, and the prosecution need not prove lack of consent.
The prosecution needs to be aggressive.
In Mr. Alvarez's case, the prosecution needed the officers' testimony to determine whether Mr. Alvarez committed a crime.
The prosecution needed diagrams and flow charts on Wednesday to try to keep the large cast of unsavory characters straight for the jury.
Traditionally, for a murder conviction, the prosecution needs to prove that the principal defendant intended to kill or commit serious injury.
Under that rule, the defense contended, the prosecution needed to prove that Mr. Muhammad had fired the fatal shot at Mr. Meyers.
Mr. Holder is certainly right when he said that the impact of a prosecution needs to be considered before charges are filed, and a repeat of the demise of a firm like Arthur Andersen is not something to be taken lightly.
For a conviction, the prosecution needed to prove that the accuser had shown, by speech or conduct, that she did not freely consent, and that the accused knew or should have known she was not consenting.
In her dissenting opinion, Justice Ginsburg said that in its "expansive new reading" of the ex post facto clause, the majority misconstrued the Texas amendment as changing the amount of evidence the prosecution needed.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com