Chapter 5-witnesses

Question 0

Subpoena duces tecum

Answer 0

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.

Question 1

Subpoena

Answer 1

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.

Question 2

Rule on witnesses

Answer 2

The rule of evidence requiring that witnesses be excluded from the courtroom during the testimony of other witnesses.

Question 3

Lay witnesses

Answer 3

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.

Question 4

Leading question

Answer 4

A question that suggests to the witnesses the answer south by the questioner.

Question 5

Direct examination

Answer 5

Presentation of the proponent witness’s testimony by means of open-ended, non-leading questions

Question 6

Narrative

Answer 6

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

Question 7

Cross examination

Answer 7

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.

Question 8

Impeachment

Answer 8

A process or a result that diminishes or destroys the believability of a witness’s testimony

Question 9

Contradiction by cross-examination.

Answer 9

Impeachment by asking the witness about facts that are directly in opposition to those testified to by the witness on direct examination.

Question 10

Prior inconsistent statement

Answer 10

A witness’s previously made statement that contradicts the witness’s current in court testimony.

Question 11

Bias

Answer 11

A witness’s interest in the case or its outcome.

Question 12

Unresponsive answer

Answer 12

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.

Question 13

Perjury

Answer 13

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.

Question 14

Lay opinion testimony

Answer 14

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

Question 15

Conclusion

Answer 15

The ultimate inference drawn from a fact observed; a synonym for “opinion”

Question 16

Expert witness

Answer 16

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.

Question 17

Frye test

Answer 17

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.”

Question 18

Daubert-kumho test

Answer 18

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

1. Testing of the theory or technique
2. Peer review and publication of the theory or technique
3. The particular scientific technique’s known or potential rate if error
4. The existence and maintain of standards controlling the technique’s operation
5. The theory or technique’s “general acceptance”.

Question 19

Voir sure of expert witnesses

Answer 19

The questioning process by which an expert witness is qualified.

Question 20

Hypothetical questions

Answer 20

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 .

Question 21

Medical examiner, or coroner

Answer 21

The government medical expert called to give opinion testimony as to the cause of death in a homicide.

Question 22

Document examiner

Answer 22

An expert in the analysis of documents who identifies documents, paper, handwriting, and the like.

Question 23

Fingerprint expert

Answer 23

An expert in the identification of fingerprints by comparing unknown and know samples of fingerprints.

Question 24

Accident investigator

Answer 24

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

Question 25

Crime experts

Answer 25

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

Question 26

DNA experts

Answer 26

Persons educated in genetics, biology, chemistry, or other sciences who work with and present DNA evidence.

Question 27

Footprint expert

Answer 27

An expert in the identification of unknown footprints and walking patterns.

Question 28

Expert on mental illness

Answer 28

An expert, usually a psychologist or psychiatrist, on the mental condition of persons.

Question 29

Polygraph experts

Answer 29

Persons expert in the workings, use, and results of test using polygraphs.

Question 30

Acoustical spectrography

Answer 30

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.

Question 31

Voiceprint expert

Answer 31

An expert in voice identification, using the science of acoustical spectrography.

Question 32

Refreshing recollection

Answer 32

The process or fact of reviving a witness’s memory by a variety of means

Question 33

Past recollection recorded

Answer 33

A record of fact, known by a witness at one time but not presently remembered, that will qualify as evidence.