Chapter 4-witnesses Flashcards
Witness capacity
The elements of witness capacity are the ability to perceive, remember, narrate in an understandable manner, and sincerity.
Incompetency
The inability to act as a witness. Today, there are few grounds for incompetency, and in federal courts and all states except Arkansas(where atheists are not competent), all persons are competent to be a witness.
Qualifying to be a witness
To qualify to be a witness, a person must possess witness capacity: have personal knowledge of facts relevant to the case, be able to understand the obligation to tell the truth, and take the oath or affirm that he or she will testify truthfully.
Witness voir dire
The process or hearing, usually conducted out of the presence of the jury, by which a judge decides the qualification of a witness to testify.
Privileged communication
Exchanges of confidential information between persons who are in a privileged relationship.
Proposed privilege rules
Those privilege rules drafted but not adopted as the federal rules of evidence
Holder of a privilege
That person who benefits from the privilege and who has the power to waive it.
Hearing in camera
A judge’s consideration, privately, in chamber, of validity of a claim; here, specifically, a claim that a privilege does or does not exist
Spousal incapacity privilege
The martial privilege that gives a spouse called to testify against his or her spouse the privilege to refuse to testify
Martial communications privilege
The rule that any communication between spouses, during the marriage, is privileged
Attorney
One who is authorized to practice law in a given state or nation
Client
One who goes to an attorney seeking professional services or advice
Patient
Any person who consults a psychotherapist or physician for the purpose of the diagnosis or the treatment of a mental or emotional condition
Psychotherapist
A person who has been authorized to practice medicine and devotes a substantial portion of his or her time tote practice of psychiatry, or person who is recognized by the laws of particular jurisdiction as certified psychologist. Some jurisdictions extend the definition to include social workers.
Dangerous patient exception
An exception to psychotherapist-patient privilege, existing in most states, which provides that, if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or herself, or to another person or another’s property, the disclosure of the communication is necessary to prevent the threatened danger.
