Witnesses

Question 1

Competency

Answer 1

Generally, everyone is competent to be a witness, except a presiding judge

Question 2

Lay Witnesses

Answer 2

must have personal knowledge

Question 3

Two times jurors can be witnesses

Answer 3

1. racial animus during deliberations

2. extrajudicial prejudicial info brought into deliberations

Question 4

Impeaching witnesses

Answer 4

you can impeach your own witness

Question 5

Collateral Matter Rule

Answer 5

A collateral matter is ev solely affecting the credibility of a witness. While questioning on a collateral matter, the party cross-examining the witness is bound by the w’s answer to matters solely affecting cred. extrinsic ev is generall INADMISS to impeach.

Question 6

Methods of Impeachment (three I’s for Cing)

Answer 6

1. Interest, motive, or bias
2. prior inconsistent statement
3. Sensory defects (incapacity)
4. Prior conviction of a crime
5. Character
6. Contradiction
7. Conviction of a crime

Question 7

1. Interest, motive, or bias

Answer 7

Bias or prejudice is always material; the collateral matter rule doesn’t apply, so this can be used to impeach

Question 8

3. Sensory defects (incapacity to observe, recall, or relate)

Answer 8

inability to observe, comm, or remember is always relv, never collateral. However, it is not allowed as to whether the w is addicted to drugs or alcohol.

Question 9

4. Prior conviction of a crime

Answer 9

1. Prior - past 10 years from latest date (release, conviction)
2. Conviction - adult and convicted
3. of a crime: felony or untruthfulness

Question 10

5. Character

Answer 10

R or O; prior bad acts; felony convictions; specific convictions of crime involving dishonesty.

Question 11

Rehabilitation

Answer 11

repairing an attack on credibility. Only after being impeached to avoid bolstering.
Methods: explain/deny, prior inconsistent statement, CE for truthfulness by R or O.

Question 12

Examination of W’s: leading questions

Answer 12

Not allowed unless the w is hostile, an adverse w, is a preliminary matter, or to refresh recollection.

Question 13

Scope of examining w’s

Answer 13

limited to scope of direct and matters affecting credibility

Question 14

Refreshing recollection

Answer 14

on direct, examiner may jog a forgetful w’s memory. writing, photo, practically anything can be used to refresh. MAY NOT *** offer writing into evidence. (w must be able to say their memory is incomplete, may be shown or told anything to refresh memory)

Question 15

May a court call w’s sua sponte?

Answer 15

Yes

Question 16

Exclusion/Sequestration of W’s

Answer 16

W’s must be excluded from the courtroom during deliberations unless: they are a party or rep a party, an expert whose presence is essential, or persons exempted by statute (victim).

Question 17

Extrinsic evidence limitation

Answer 17

Impeachment on a collateral matter isn’t generally permitted with extrinsic evidence