lecture 2 - witness testimony Flashcards
1
Q
types of witnesses (4)
A
- eyewitness
- hearsay
- character
- expert
2
Q
reasons for wrongful convictions
A
- eyewitness misidentification
- unreliable/improper forensic science
- false confession
- government misconduct
- informants
- bad lawyering
3
Q
Osgoode innocence project
A
- 1997 to deal with wrongful convictions within a Canadian context
- does not restrict cases on ones involving post-conviction DNA
4
Q
forensic scientists do not care about guilt and innocence but rather:
A
- practicing good science
- remaining impartial
- balance reason and emotion
- educate
5
Q
expert witness
A
- must convince judge you have expertise in a subject, either skill or knowledge in specific subject that would aid court in determining an issue at hand
6
Q
what court should consider regarding expert opinions
A
- knowledge acquired through experience
- training
-education - or combo
7
Q
establishing competency in the court
A
- degrees
- specialized courses taken
- participation in professional studies
- number of years on the job
8
Q
how to train as expert witness
A
- can train with experienced expert witness
- independent study
- formal education in the physical science
- courts rely on training and years of experience of measurement of the knowledge and ability of the expert
9
Q
process in court
A
- opposing attorney may cross examine
- most courts hesitate to disqualify as expert
- significance placed on expert may greatly depend on experience and demeanour
10
Q
lay witness testimony
A
- must testify on events or observations that arise from personal knowledge
- must be factual
11
Q
nature of expert testimonies
A
- expert cannot render a view with absolute certainty
- can only offer opinion based on reasonable scientific certainty derived from training
- expected to defend vigorously the techniques and conclusions of analysis
