Witnesses Flashcards
Disqualification of Witness
A person is disqualified to testify as a witness if the court determines the person is:
i) Incapable of expressing himself in such a way as to be understood directly or through interpretation by one who can understand him; or
ii) Incapable of understanding the duty to tell the truth.
Oaths
The Florida Code requires that the oath be substantially in the following form: “Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?”
Children and oaths
The court may allow a child to testify without taking an oath if the court determines that the child understands the duty to tell the truth or the duty not to lie.
Special conditions for children witnesses
The court may set appropriate conditions on the taking of a child’s testimony if the child is under the age of 18. These conditions may include the use of a registered service or therapy animal in proceedings involving sexual offenses.
When does a guardian ad litem get appointed?
In any criminal proceeding, the court must appoint a guardian ad litem or other advocate to represent a minor in any criminal proceeding if the minor is a victim of or witness to child abuse or neglect, a victim of a sexual offense, or a witness to a sexual offense committed against another minor.
Dead man statute
Florida’s “Dead Man Statute” has been repealed. When testimony formerly excluded by the statute is admitted, an exception to Florida’s hearsay rule permits the introduction of relevant communications on the same subject by the deceased or unavailable ill declarant. Fla. Stat. §
Witness’s character for truthfulness
Florida has not adopted Fed. 608(b). Consequently, on cross-examination, a witness may not be asked about specific instances of conduct, even though it is probative of the truthfulness or untruthfulness of the witness or another witness about whose character the witness being cross-examined has testified.
10 year time limit on convictions for crimes of dishonesty and convictions for felonies
As with crimes involving dishonesty or false statement, Florida does not restrict the use of convictions for felonies or crimes involving dishonesty or false statement to a specific 10-year time limit.
Defendants as witnesses
Florida does not give extra protection to criminal defendants who take the stand in their own defense—the regular balancing test applies.
pardons
The granting of a pardon does not render evidence of the conviction inadmissible.
Juveniles adjudications and impeachment
Evidence of juvenile adjudications is inadmissible to impeach a witness’s character for truthfulness in Florida
Interpreters
The Florida Code specifically provides that interpreters are not only available to help people with difficulty in English, but also may be provided for any person, such as a child or person who is mentally or developmentally disabled, who cannot be reasonably understood, or who cannot understand questioning without the aid of the interpreter,
The interpreter must take an oath not only for testimony, but for any writing that he deciphers or translates.
