Chapter 5-witnesses Flashcards
Subpoena duces tecum
A subpoena ordering a witness to appear in court and to bring specified documents or other physical evidence in his or her possession or control.
Subpoena
An official document issued by a judge, the clerk of a court, or an attorney and delivered to, or “served upon”, a witness compelling his or her attendance in court.
Rule on witnesses
The rule of evidence requiring that witnesses be excluded from the courtroom during the testimony of other witnesses.
Lay witnesses
A person who has some personal knowledge about the facts of the case and who has been called upon to relate this information in court.
Leading question
A question that suggests to the witnesses the answer south by the questioner.
Direct examination
Presentation of the proponent witness’s testimony by means of open-ended, non-leading questions
Narrative
The form of interrogation in which the witness tells the story of what happened in his or her own words, without being interrupted by questions
Cross examination
The rigorous examination of a witness by opposing counsel in which the questioner seeks to detract from the witness’s credibility, often by using leading questions.
Impeachment
A process or a result that diminishes or destroys the believability of a witness’s testimony
Contradiction by cross-examination.
Impeachment by asking the witness about facts that are directly in opposition to those testified to by the witness on direct examination.
Prior inconsistent statement
A witness’s previously made statement that contradicts the witness’s current in court testimony.
Bias
A witness’s interest in the case or its outcome.
Unresponsive answer
A witness’s answer that does not address the subject matter of the question or goes beyond the scope of the question asked and relates to some matter.
Perjury
Knowingly making a false statement about a matter material to a case or swearing or affirming to the truth of a previously made statement that one knows to be untrue. It may be a misdemeanor or felony.
Lay opinion testimony
Testimony by no expert witnesses in the form of opinion; it must be based on rational inference from the facts observed and necessary for a clear understanding of the witnesses’ testimony
Conclusion
The ultimate inference drawn from a fact observed; a synonym for “opinion”
Expert witness
A person soiled in some art, trade, science, or profession. An expert must have knowledge, skill, or experience, training, or education that is beyond that of the average person.
Frye test
The former test for admissibility of expert testimony. It required that the testimony be based on scientific methodology “generally accepted as reliable in the relevant scientific community.”
Daubert-kumho test
The new test for admissibility of expert testimony, requiring the trial judge to determine that the subject of an experts testimony has achieved the stature of “scientific knowledge” based on five factors
- Testing of the theory or technique
- Peer review and publication of the theory or technique
- The particular scientific technique’s known or potential rate if error
- The existence and maintain of standards controlling the technique’s operation
- The theory or technique’s “general acceptance”.
Voir sure of expert witnesses
The questioning process by which an expert witness is qualified.
Hypothetical questions
Questions based on facts, data, or opinions that have some relation to the matter at issue and upon which the expert witness is asked to render an opinion .
Medical examiner, or coroner
The government medical expert called to give opinion testimony as to the cause of death in a homicide.
Document examiner
An expert in the analysis of documents who identifies documents, paper, handwriting, and the like.
Fingerprint expert
An expert in the identification of fingerprints by comparing unknown and know samples of fingerprints.
Accident investigator
The person who investigates the causes and results of a vehicle accidents. An accident investigator can also be a skid-mark expert, a speed expert, and a. Accident reconstructionist
Crime experts
Persons, often law enforcement officers, who are experts in the methodology and paraphernalia involved in the commission for specific crimes, for example, bookmaking, or narcotics
DNA experts
Persons educated in genetics, biology, chemistry, or other sciences who work with and present DNA evidence.
Footprint expert
An expert in the identification of unknown footprints and walking patterns.
Expert on mental illness
An expert, usually a psychologist or psychiatrist, on the mental condition of persons.
Polygraph experts
Persons expert in the workings, use, and results of test using polygraphs.
Acoustical spectrography
The branch of science that consists of composing the voice or sound into harmonic components and obtaining a visual pattern of the sound-a spectrogram.
Voiceprint expert
An expert in voice identification, using the science of acoustical spectrography.
Refreshing recollection
The process or fact of reviving a witness’s memory by a variety of means
Past recollection recorded
A record of fact, known by a witness at one time but not presently remembered, that will qualify as evidence.
