“ copyright © allyn & bacon 2008 criminal evidence chapter eight: witnesses this multimedia...

“Copyright © Allyn & Bacon 2008 “Copyright © Allyn & Bacon 2008

Criminal EvidenceCriminal EvidenceCriminal EvidenceCriminal Evidence

Chapter Eight: Chapter Eight: Witnesses

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Qualifications of WitnessesQualifications of Witnesses

Witness must demonstrate that s/he has Witness must demonstrate that s/he has some some personal knowledgepersonal knowledge of the matter at of the matter at issue in courtissue in court Ordered to Appear by Ordered to Appear by SubpoenaSubpoena

Must issue Must issue oathoath or or affirmation affirmation (perjury) (perjury)

Witness must be Witness must be competent competent (next slide) (next slide)


CompetencyCompetency

Competency can be gauged by:Competency can be gauged by: Ability to Ability to perceiveperceive ability to independently ability to independently recollectrecollect and and

communicatecommunicate the events in question the events in question ability to ability to determine fact from fictiondetermine fact from fiction appreciation of and adherence to the appreciation of and adherence to the veracityveracity

requirement safeguarded by the nature of the requirement safeguarded by the nature of the U.S. ConstitutionU.S. Constitution



Like any witness, a child must have the Like any witness, a child must have the capacity to observe, remember, and capacity to observe, remember, and narrate the events at issue. narrate the events at issue.

In addition, the child must comprehend the In addition, the child must comprehend the duty to tell the truthduty to tell the truth

(Voir dire(Voir dire: pretrial questioning of child by : pretrial questioning of child by judge)judge)



66thth Amendment gives defendant the right Amendment gives defendant the right to face accuserto face accuser

Courts often allow closed circuit TV when Courts often allow closed circuit TV when witness is a childwitness is a child

[Discuss Hypnosis] [Discuss Hypnosis]


66thth Amendment Amendment

Accused has right to face witnesses and to Accused has right to face witnesses and to cross examinecross examine

Accused has right to compel testimony of Accused has right to compel testimony of witnesses that help his/her case. witnesses that help his/her case.

Subpoena: Subpoena: Formal directive from a court Formal directive from a court which which requires an individual to appear at a requires an individual to appear at a particular place and time to provide particular place and time to provide testimony or evidence testimony or evidence


66thth Amendment Amendment

All defendants have the right to testify in All defendants have the right to testify in their own behalf. (But should they?) their own behalf. (But should they?)

Defendants do not have the right to Defendants do not have the right to introduce perjured or false testimony. introduce perjured or false testimony. (Attorney obligation not to. Inform the court (Attorney obligation not to. Inform the court if defendant tries to or does so.) if defendant tries to or does so.)


Witness CredibilityWitness Credibility

Some provisions that encourage witness Some provisions that encourage witness to tell the truth:to tell the truth: mandatory oaths or affirmationsmandatory oaths or affirmations cross examination of testimonycross examination of testimony legal ramifications for dishonesty (perjury is a legal ramifications for dishonesty (perjury is a

felony in Calif.) felony in Calif.) mandatory compulsion of personal mandatory compulsion of personal

appearance at trialappearance at trial


Witness CredibilityWitness Credibility

Defendants have the right to confront their Defendants have the right to confront their accusers, including observing witnesses’ accusers, including observing witnesses’ demeanordemeanor

Jurors independently evaluate the witness’ Jurors independently evaluate the witness’ perceptionperception of the events in question as of the events in question as well as the witnesses honesty. well as the witnesses honesty.


Witness ImpeachmentWitness Impeachment

ImpeachmentImpeachment: Opposing counsel may : Opposing counsel may also introduce evidence to contradict the also introduce evidence to contradict the sworn testimony; designed to sworn testimony; designed to discreditdiscredit a a witness. witness.


Methods of ImpeachmentMethods of Impeachment

Non-specificNon-specific methods of impeachment methods of impeachment include:include: bias/prejudice/motivationbias/prejudice/motivation sensory and mental capacitysensory and mental capacity truth and veracity challengestruth and veracity challenges

SpecificSpecific methods of impeachment include: methods of impeachment include: prior inconsistent statementsprior inconsistent statements contradictions contradictions


QuizQuiz

List the Basic Capacities for a witness to List the Basic Capacities for a witness to be “competent” be “competent”

There are five… There are five…

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