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Category: Criminal Law
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Experience:  Over 15 years experience.
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For example: (lets say on the 5th of may the victim pressed

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For example: (lets say on the 5th of may the victim pressed charges and in their KGB statement they say the night before the accused just showed up at her work place during the night. Then a couple of months later after the accused was interrogated. The victim wrote in a declaration that they were with the accused the night before). Would that sort of thing and other inconsistencies of that kind be grounds for an acquittal or mistrial?

It could be grounds for an acquittal, yes. That would be a fairly significant inconsistency, not the type of minor thing that could be chalked up to imperfect human memory. It will depend on what other evidence there is though. If the only evidence of a crime comes from the victim, then if the court disbelievers her evidence because if such inconsistencies, then it must acquit. But if the is other evidence, then acquittal is not certain. The court could say that it does not believe the testimony of the victim and should not use that particular evidence to convict, but could potentially still convict on other evidence that might exist.

Also, it is possible for a judge to rule that he or she believes the victim about evidence of the crime itself, despite such an inconsistency. Certainly such an inconsistency would tend to taint all evidence of the person, but it is up to the judge as to what evidence is to be believed or accepted or not.
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