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

Jesse james, a 20-year old, was arrested for killing a police officer. as a newly elected prosecutor, you are responsible for prosecuting mr. james. you announce your decision not to seek the death penalty in this case, but under your state’s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. your decision does not sit well with the law enforcement community.what are the potential hearings that might be involved in this case? be sure to describe them from the time of arrest through appeal.