Witnesses

Question 1

DE Video Testimony in DV, SA, Stalking and Child Abuse Prosecutions

Answer 1

1. In criminal prosecutions for domestic violence, sexual assault, stalking, or child abuse, a victim of the crime (regardless of age) or any non-victim witness who is younger than age 11 may be permitted to testify by means of secured video connection.
2. The court must determine that the victim would suffer serious emotional distress by testifying in the courtroom such that the victim would not be able to reasonably communicate.

Question 2

Videotaped Deposition of Child Witnesses

Answer 2

1. In any criminal prosecution, or any hearing on delinquency, upon motion of the Deputy Attorney General prior to trial and with notice to the defense, the court may order all questioning of any witness under the age of 12 years old to be videotaped in a location designated by the court.
2. Upon the prosecution’s motion, the court may exclude the defendant from the deposition as long as the defendant is able to observe the witness during the deposition (via video connection) and communicate with the defense attorney.

Question 3

Opinion Testimony by Expert Witnesses

Answer 3

a. Proper Factual Basis
1. DE rule provides that an adverse party may object to an expert’s testimony on the ground that the expert does not have a sufficient basis for the opinion.
2. The adverse party may, before the expert gives his opinion, be allowed to conduct a voir dire examination directed to the underlying facts or data on which the opinion is based.

b. Opinion on Ultimate Issues
1. DE rule does not prohibit testimony as to whether a criminal defendant had the mental state at issue in the crime.

Question 4

A party may use an expert witness if:

Answer 4

1. it would be helpful to the trier of fact because the issue relates to something that requires specialized knowledge;
2. the expert is qualified;
3. the expert is reasonably certain regarding his opinion;
4. the expert uses reliable principles accepted by peers in the field; and
5. the expert used facts ordinarily relied upon by experts

Question 5

When the Witness Hedges and Neither Admits nor denies making a statement

Answer 5

When Admissible as Substantive Evidence:
1. In DE, where the declarant is testifying at trial and subject to cross-examination about the prior inconsistent statement, the statement is admissible as substantive evidence even if it was not made under oath.

Question 6

Impeachment with Criminal Convictions

Answer 6

In DE, evidence of a conviction for a felony that does not involve dishonesty or false statement is admissible to impeach the witness only if the probative value outweighs the prejudicial effect.

Question 7

Foundation of Extrinsic Evidence

Answer 7

In DE, extrinsic evidence of a witness’s prior inconsistent statement is admissible if the witness does not clearly admit making the prior inconsistent statement.