词条 | Proffer |
释义 |
For the agreement between prosecutor and defendant, see proffer letter. A proffer is an offer made prior to any formal negotiations. In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument, or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden. For example, in support of a particular argument, a party may proffer documentary evidence or witnesses. Where a party is denied the right to introduce evidence because that evidence would be inflammatory, hearsay, or would lack sufficient authentication, that party must make a proffer of what the evidence would have shown in order to preserve the issue for appeal. As in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".
EtymologyThe word proffer is derived from Anglo-French "por-", forth, and offrir, to offer.[1] See also
References1. ^{{cite web|url=http://www.merriam-webster.com/dictionary/proffer|title=Definition of proffer from the Merriam-Webster dictionary|accessdate=2009-08-25}} {{law-term-stub}} 1 : Evidence law |
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