19 - Sequestration of a Witness

Question 1

“The rule on witnesses” 615

Answer 1

• intended to preclude tailoring of testimony

- means of discouraging and exposing fabrication, inaccuracy, and collusion. helps smoke out lying Ws

Question 2

Exceptions
A. Parties
B. Designated Officers and Employees
C. Essential Persons
D. Crime Victims

Answer 2

A. Parties - excluding crim D violates right of confrontation
B. Designated Officers and Employees incuding investigating officer
C. Essential Persons - W whose presence is essential to the presentation of the case. Burden of establishing a person “essential” rests on the party who desires that person’s presence at trial
D. Crime Victims - conforms to Victim’s rights and restitution act and victim’s rights clarification act which permit vitim-witness to attend the trial unless trial testimony would materially affect the Ws testimony

Question 3

Out-of-court Separation - Witnesses

Answer 3

• Witnesses are excluded from courtroom and cannot relate what their testimony has been and what happened in the courtroom to other witnesses
• May prohibit spectators from telling protective W what happened in court (improper for detective to call W daily informing of testimony of earlier Ws)
• court has authority to prohibit attorneys form consulting with a W during recesses if the W is currently being examined

Question 4

Out-of-court Separation - Attorney and Client

Answer 4

• Right to assistance of counsel should not turn don’t eh length of time that trial court recesses or what D and L choose to discuss
• Crim D has a constitutional right to confer with counsel at all stages of case including recess