Question

What is the instruction that tells jurors they can infer that the witness’s testimony would have been unfavorable to the prosecution?
a. a hearsay instruction
b. a constitutional reversible error instruction
c. an imprisonment peremptory instruction
d. a missing witness instruction

Answer 1

Answer:

The answer is D- A missing Witness instruction

Explanation:

A missing witness instruction provides that if a party fails to produce a witness within its power and ability to produce and there is not a reasonable excuse for the failure to do so, then the jury may infer  that the testimony would have been unfavorable to that party. The decision to give this instruction is a matter of court discretion.