Agard argued that the prosecutor's suggestion to draw a negative inference from his presence at trial was analytically the same as a prosecutor's suggestion to draw an inference from the defendant's refusal to testify at trial.
100) She concluded, however, that a jury was likely in many or most cases to draw a natural or irresistible inference of guilt from a defendant's failure to testify, and that a jury might not be as likely to draw an inference of wrongful tailoring from presence at trial as the majority suggested.
An uncontroversial example relating to proof of mens rea is that a fact finder may draw an inference
of intention from conduct.
Under the Order, the fact-finder can draw an inference
of guilt if a defendant chooses to remain silent.
The failure or refusal to produce a relevant document, or the destruction of it, is evidence from which alone its contents may be inferred to be unfavorable to the possessor, provided the opponent, when the identity of the document is disputed, first introduces some evidence tending to show that the document actually destroyed or withheld is the one as to whose contents it is desired to draw an inference
The problem we identify in this example therefore is not how or whether to draw an inference
about the possible effect of magnesium on migraine, given the above two titles, but rather how these two titles (or Medline records), and other pairs analogous to them, could have been found and brought together in the first place without knowing in advance about any specific link such as epilepsy.
In the implicit version, the plausible cause of the last sentence in each story was not explicitly stated so that readers could draw an inference
It may be difficult to draw an inference
from marginal differences but it shows that females engaged in economic activity desire an early completion of their family size hence a shorter birth interval.
Mr Orde told Board members: "One could draw an inference
from that that there's more organisation on the republican side and less control from loyalists.
He added however, ``It would be wrong to draw an inference
from this appointment on the timing of a referendum on the euro - that will depend on the assessment of the Treasury's five economic tests.
The legislation will broaden the conditions under which employers are liable for indirect sex discrimination, and employment tribunals will be obliged to draw an inference
of sex discrimination where employers fail to provide a satisfactory reason for treating a woman differently from a man.
In such cases, he said, the plaintiff will need to produce very little affirmative evidence to allow the court to draw an inference
of causation in the absence of evidence to the contrary.
It lengthens the amount of time police can keep people suspected of swallowing drugs to conceal them so packages have time to pass through their bodies and allows judges to direct a jury to draw an inference
from the fact a suspect has refused permission for a body cavity search or an X-ray.
There is no way we can control what happens or what is decided in secret but we can draw an inference
from somebody's actions on the track.
From the evidence and the jury's verdict I am en titled to draw an inference