Witnesses Flashcards
When may a court excuse a witness?
If the probative value of their testimony is outweighed by unfair prejudice
What is a Dead Man’s statute?
A state statute that excludes evidence of a conversation between a dead man and a witness
What is the scope of evidence that a lay versus an expert witness can provide?
Layman: Must have first hand knowledge
Expert: Personal knowledge is not required
More Info: Lay v. Expert Witness
Who cannot testify in a case?
- The presiding judge may not testify in the trial
And
- A juror may NOT testify as a witness before the jury of which he is a member
What must a witness do to qualify to testify?
A witness must declare to testify truthfully by oath or affirmation.
How is an interpreter qualified?
The same way as an exper,t and they must take an oath or affirmation
What may a juror testify to?
- Extraneous prejudicial information improperly brought to the juror’s attention
- Whether any outside influence was improperly brought to bear on any juror
Or
- Clerical/secretarial error (mistakes on the verdict form)
What can a juror not testify on?
- Any statements made during deliberations
- Thought processes
or
- Votes taken during the verdict
List examples of when a juror’s testimony will be excluded when challenging a verdict.
- Juror misunderstood the evidence or the instructions
- The jury reached its verdict improperly (drawing straws or quotient verdict)
- The jurors drank alcohol and smoked marijuana during deliberations
- One juror physically bullied another regarding his vote
- Juror fell asleep during deliberations
Who may impeach a witness?
The credibility of a witness may be attacked by any party, including the party calling him.
What is a collateral matter?
Evidence solely affecting the credibility of a witness
More Info: Collateral Matter
What are the three arguments commonly advanced in an impeachment?
- The witness is a liar
- The witness is mistaken
- The witness is biased
What are the limits to cross examining a witness about a collateral matter?
Whatever the question, the party bound by the witness’ answer. Extrinsic evidence on a collateral matter is inadmissible to impeach a witness.
When is extrinsic evidence on a collateral matters admissible?
It is always inadmissible to impeach a witness.
What are the methods of witness impeachment?
Provide evidence of:
- Bias or prejudice
- Sensory defects
- Prior inconsistent statements
- Bad character of witness
What does the credibility issues to the limits of collateral matters not apply to?
- Bias or prejudice impeachment
- Sensory defects
- Character for untruthfulness
What are examples of bias or prejudice evidence?
- Family
- Business relationships
- Confidential informants
- Fee arrangement
When can sensory defects be used for impeachment?
Inability to observe, communicate, or remember is always relevant and never a collateral matter.
What are the four ways to impeach character of a witness?
- Reputation or opinion
- Bad acts
- Felony convictions in general
- Specific convictions of crimes involving dishonesty or false statements
* More Info:* Impeaching Character
How can a witness’s character for untruthfulness be attacked?
- By the use of extrinsic reputation or opinion evidence, either party may call a witness in both civil and criminal cases. The extrinsic witness is able testify as to witnesses reputation for truthfulness in the community.
- Cross-examining the witness about specific acts (fraud, perjury) which reflect on his character for truthfulness
When can a witness’s character for truthfulness be shown by reputation or opinion evidence?
Only when the witness’ character for truthfulness has been attacked.
It cannot bolster a witness’s character in advance of an attack.