Courtroom Proceedings Flashcards
What are courtrooms proceddings in nature
adversarial in nature
o However: an expert is an advocate for science not one party of the other
Two types of witnesses
Fact and Expert
Fact witness
Testifies to what they personally did, hear, or see
They do not give opinions
Expert witness
Used when information or processes [tests] are beyond the general
knowledge of a “lay person”
Offer opinions based upon facts, with education, scientific knowledge, and
experience
WHo/how is qualified expert witness
Witness who is qualified as an expert by knowledge, skill, experience, training, or
education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of
fact to understand the evidence or to determine a fact in the issue
(b) the testimony is based on sufficient facts or data
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case
Burden of proof
Elements of the crime must be established by the party bringing the action (litigation)
Preliminary Hearing
Trial proceeding
Elements of the crime must be established by the party bringing the action (litigation)
State or local prosecutor
o State of Kansas vs John Smith
Preliminary Hearing
State sets out [general] elements
o Proper jurisdiction
o Crime has been committed
o Defendant likely committed an offense
More probable than not
o Threshold is lower to bind over for trial
o Evidence presented is taken in the most favorable light for the state
o KS: expert reports are admitted without witness
o Defense rarely puts on evidence
Trial proceeding
Beyond a reasonable doubt
o Defined in several ways
Jury instructions
Elements of Testimony
o Swearing in
o Voir Dire
Going over qualifications
o Direct examination or examination in Chief
o Cross-examination
o Re-direct
o Rebuttal testimony
Swearing in
– raise your right hand
o Sworn testimony is evidence given by a witness who has committed, to tell the
truth
If the witness is later found to have lied while bound by the commitment,
they can often be changed with the crime of perjury
oath
Do you solemnly (swear/affirm) that you will tell the truth, the whole truth, and
nothing but the truth, (so help you god/under pains and penalties of perjury)?
“swear” may be related to “affirm”, and either “so help you god” or
“under pains and penalties of perjury” may be used; all oaths and
affirmations are considered to be equivalent before the law
Voir Dire
Expert witness is presented – calling counsel will question the witness regarding
his/her qualifications
Education and experience
Establishing expertise in the field testimony is being proffered
o Opposing counsel may question the expert to determine the limits of credentials
and field of expertise
o Judge will then declare whether or not the witness is an expert in the field and can
testify
Direct examination or examination in chief
Witness called by state attorney [plaintiff]
Designed to
Introduce evidence [reports]
Educate the judge or jury
Introduce facts/opinions to build or support the case
Used proactively to weaken opponents’ case
Strengthen or weaken the credibility of other witnesses
Cross-examination
Opposing counsel questions expert
Confrontational in nature-testing credibility of testimony
Different styles
Aggressive
Argumentum ad hominum
Slow/methodical
Purpose
Introduce alternative explanations
Weaken the credibility of the witness
Support the opponent’s theory of the case
Clarify or confuse the issues
Re-direct examination of expert
Allows witness to further explain yes/no answers
Add clarification to the confusion brought on by the defense
Scope is generally limited to statements and opinions brought up during direct and cross-examination
Rebuttal testimony
Rebuttal witness is called to rebut testimony already presented
Sequestration rule is waived
Murder case: defense might call a character witness to provide evidence that the accused was a mild-mannered nice guy
Persecution to provide contradictory evidence of the accused’s character and might testify that person was violent, bad-tempered, or abusive
What is an objection
formal protest raised in court during a trial to disallow a witness’s testimony or other evidence
Typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence
Once raised WAIT for the judge to rule
Judge’s ruling on the objection
“Sustained” (the judge agrees with the objection and disallows the question, testimony, or evidence)
“Overruled” (the judge disagrees with the objection and allows the question, testimony, or evidence)
Attorney may choose to “rephrase” a question that has been objected to, so long as the judge permits it
Lawyers should object before there is an answer to the question
AS witness what talk about in direct
State your name
Tell the jury your educational background
Where do you work [title]
Did you have the occasion to examine evidence in this case [specific item]
Describe examination [including C of C]
Results of the examination
Conclusion
As cross exam what talk about
hallenge the chain of custody
Challenge the knowledge of methodology
Challenge areas of method leading to errors
Challenge results and ultimate opinion/conclusions
