Witnesses

Question 1

Competence to Be a Witness

Answer 1

Anyone with PERSONAL KNOWLEDGE of the matter and is willing to make an OATH to testify truthfully

Question 2

Things Jurors May Testify About After Trial

Answer 2

(1) Extraneous, prejudicial info improperly brought to jury’s attention
(2) Improper outside influence
(3) Clerical/technical error on verdict form
(4) Other juror relied on racial stereotypes

Question 3

Ways to Impeach a Witness

3

Answer 3

(1) Character for Untruthfulness
(2) Bias
(3) Sensory Competence

Question 4

Impeachment: Character for Untruthfulness

Answer 4

Showing witness is dishonest

Methods: Reputation or opinion testimony (specific acts may be used on cross-examination)

May also us some criminal convictions (Discussed on different card)

Question 5

Impeachment: Bias

Answer 5

Showing witness has some reason to lie

Question 6

Impeachment: Sensory Competence

Answer 6

Showing witness is mistaken in some way

Question 7

Impeachment for Untruthfulness: Crimes Involving Dishonesty/False Statement

Answer 7

Can be used to impeach any witness for any conviction

Question 8

Impeachment for Untruthfulness: Felony Convictions

Answer 8

Admissible to impeach witness only if crime is punishable by death or imprisonment > 1 year

Court will allow the impeachment of witness UNLESS risk of prejudice SUBSTANTIALLY OUTWEIGHS probative value

If witness is criminal D, only admissible if probative value OUTWEIGHS the prejudicial effect

Question 9

Impeachment for Untruthfulness: Old Convictions (> 10 years ago)

Answer 9

Admissible only if:

(1) Probative value SUBSTANTIALLY OUTWEIGHS prejudicial effect; and
(2) NOTICE given to adverse party

Question 10

Impeachment for Untruthfulness: Pardon

Answer 10

Conviction NOT ADMISSIBLE if pardoned

Question 11

Impeachment for Untruthfulness: Prior Inconsistent Statement

Answer 11

Can be used to impeach if inconsistent with material part of witness’s testimony

Can be proved by extrinsic evidence, but only if witness is given opportunity to explain/deny the evidence

Question 12

Impeachment of Hearsay Declarant

Answer 12

Impeachment may be made by any evidence that would be admissible if declarant had testified as a witness

Question 13

How to Rehabilitate a Witness

3

Answer 13

(1) Give witness chance to clarify/explain
(2) Prior consistent statement
(3) Use reputation/opinion evidence to bolster witness’s character for truthfulness

Question 14

Requirements for Lay Witness’s Opinions To Be Admissible

3

Answer 14

Opinion must be:

(1) BASED ON THE PERCEPTION of the witness;
(2) Helpful to CLEAR UNDERSTANDING of witness’s testimony or determination of fact in issue; and
(3) NOT BASED ON scientific, technical, or specialized knowledge

Question 15

Expert Witness Testimony

Answer 15

May offer opinions or conclusions if:

(1) Subject matter is SCIENTIFIC, TECHNICAL, or other SPECIALIZED KNOWLEDGE; and
(2) Will HELP TRIER OF FACT understand the evidence or determine a fact in issue

Question 16

Requirements for Expert to be Qualified

4

Answer 16

(1) Be QUALIFIED by knowledge, skill, experience, training, or education;
(2) Base testimony on SUFFICIENT FACTS OR DATA;
(3) Testimony product of RELIABLE PRINCIPLES AND METHODS; and
(4) APPLY PRINCIPLES AND METHODS RELIABLY TO FACTS of case

Question 17

Expert Witnesses: Ultimate Issue

Answer 17

May express opinion on ultimate issue in most cases

CANNOT testify if criminal D has requisite mental state of any element of a crime or defense

Question 18

Court-Appointed Expert

Answer 18

Court must let each party know what witness found

Each side can depose expert or cross-examine expert