Quote:
Originally Posted by TarukShmaruk
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So basically the prosecution gets to use it and not the defense. Because you can better believe that the prosecution would have used such evidence if they had it - and the judge would have allowed it.
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The actual application is a bit more complicated, but yes it can boil down to that.
However, judges are careful because if it could be a big issue it will be preserved for appeal, and the last thing the judge wants is to get bench slapped by the appellate court for wrongly (dis)allowing something.