[lemma=the | □]
[lemma=the | □=□]
[lemma=the | □ & □]
Impeachment by omission is achieved when the defense can undermine the credibility of the prosecution by pointing out that some fact was provided in witness testimony but not documented in a report . In television dramas , the prosecution loses its case because the defense produces evidence or a witness that was missed by the police investigation . To win a motion to suppress an arrest , an investigator must show that there was probable cause to make the arrest and that the defendant 's constitutional rights were not violated in the process . Will it increase arrest rates ? This section will discuss the two most common motions heard : motions to suppress an arrest and motions to suppress a confession . According to the victim 's roommate and club manager , the victim showed up for work intoxicated and continued to drink throughout the evening . Motion hearings set the stage for the trial and many cases are lost because an arrest or a confession was suppressed . " Supporting Statement : Accounting rules require the Company to include gains on the assets in its pension fund in calculations of income , even though no money is transferred to the Company . " This proposal requests the Board to make future executive compensation determinations without regard to reported pension fund income , purportedly to link more closely executive compensation to business performance . Your roommate came home at about 2:00 am this morning and when you heard her come in , you got up and told her what happened . Will it increase prosecution rates ? " Resolved that the stockholders request that the Board of Directors take the steps necessary to adopt a policy that future executive compensation will be determined without regard to any pension fund income , so that the compensation of senior executives will be more closely linked to their performance in managing the business . While a single occasion of impeachment by omission may not be fatal to a case , repeated occurrences will undermine prosecution . Military justice procedures can be an advantage to the victim when a civilian prosecuting agency declines prosecution .