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In the first, prosecutors attempt to prove the crimes being considered had at least one "aggravating factor".
Legal experts say such cases — where prosecutors attempt to show a defendant was identified by a gesture — are not unheard of but are unusual.
Perhaps the biggest battle in what is expected to be a 12-week trial will be over the prosecutors' attempt to prove the rare charge of aiding the enemy — in the words of the charging document, that Private Manning did "without proper authority, knowingly give intelligence to the enemy, through indirect means".
The measure "will dry up many of the normal sources for national-security reporting and result in more media subpoenas as prosecutors attempt to 'smoke out' leakers, placing journalists in the untenable role of government enforcement agents," said Barbara Cochran, president of the association.
In order to prove your guilt beyond a reasonable doubt, prosecutors attempt to show not only that you broke the law, but that you did so knowingly and intentionally.
That would allow for an indictment and incarceration, or posting of bond to keep a suspect around while police and prosecutors attempt to collect more evidence.
Similar(53)
During trial, the case crumbled over prosecutors' attempts to prove that Goodson had given Gray a rough ride.
It was left to a solitary Goma law firm to launch an appeal on behalf of the victims – a move that military prosecutors attempted to block and which has made its team, too, the focus of death threats.
When prosecutors attempted to argue in court this month that protesters had "intent" to conspire against and impede government workers, the defense pointed out that public officials had not come to the refuge and formally ordered the activists to leave.
The request came from federal prosecutors attempting to determine whether MCI, over nearly a decade, defrauded other phone companies by improperly redirecting -- or laundering -- telephone traffic to avoid access fee payments to other companies.
In Holmes's case, prosecutors attempted to prove five aggravating factors for most of the counts of first-degree murder against him, and jurors found at least one aggravating factor in each of the 24 counts.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com