C. Witnesses

Question 1

When may Witness’ prior convictions be used on cross-examination for impeachment?*

Answer 1

Civil proceeding

• For purpose of affecting W’s testimony
• For W to answer relevant qs (BUT this does NOT conclude cross-examination)

Criminal proceeding

• If D denies conviction => Prosecution may independently prove conviction
• Felonies/Misdemeanors

Question 2

When may ‘interested’ person testify against Deceased/Mentally ill person’s executor/administrator/survivor?

Answer 2

ONLY re accident involving negligence claim in operation of motor vehicle

Question 3

What is required for Accomplice’s testimony be used to convict D?

Answer 3

Corroborative evidence

• Tending to connect D w/ offence commission
• NOT required to be independent of, but rather harmonise w/ Accomplice’s testimony

Question 4

When may Child less than 9 years old be allowed to give testimony under oath (rebut statutory presumption of incapability)?

Answer 4

W must show;

1) Sufficient intelligence and capacity to justify testimony
2) Knowledge + appreciation of nature of oath before trial

If W is under mental defect/can NOT rebut presumption => Court must be satisfied W has sufficient intelligence + capacity to justify testimony

Question 5

When may Witness’ inconsistent statements be admissible?*

Answer 5

1) Written/Oral statement made under oath

2) Statement contradicts W’s testimony upon material issue
- Tending to disprove Party’s position

Question 6

When may D’s specific instances of conduct be admissible?*

Answer 6

To prove D’s guilty knowledge in similar offences

• Crime NOT innocently/inadvertently committed
• Intent is NOT easily inferred from crime

Question 7

For what purpose may Party introduce extrinsic evidence during Witness cross-examination?*

Answer 7

1) Contradict W’s answers concerning collateral matters

2) To impeach W’s credibility ONLY

Question 8

For what purpose may Party call other witnesses during Witness cross-examination?

Answer 8

To prove W’s character for untruthfulness

Question 9

What is required for Expert Opinions to be admissible?*

Answer 9

1) Conclusions depend on professional or scientific knowledge/skill
2) NOT within range of ordinary training/intelligence

(Admissibility depends on Trial Court’s discretion)

Question 10

How may questions and answers calling for Expert Opinion be addressed?

Answer 10

Questions
- Hypothetical form NOT required

Answers
- NO initial proof of data required (UNLESS upon cross-examination)

Question 11

What is required for new scientific evidence to be introduced?*

Answer 11

Frye Test

• Accepted techniques generate results accepted as reliable within scientific community (when properly performed)
• Separate question from admissibility question (whether there is proper foundation to admit the evidence)

Question 12

When may Expert Opinions based on Hearsay evidence be admissible?*

Answer 12

Civil commitment of sex offenders who finished prison sentence
- Does individual suffer from disorders making them dangerous to community, thus should be confined indefinitely on civil basis?

1) Reliable source
2) Probate value > Potential unfair prejudicial effect