“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Eight: Witnesses This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

“ Copyright © Allyn & Bacon 2008 Qualifications of Witnesses Witness must demonstrate that s/he has some personal knowledge of the matter at issue in court Witness must demonstrate that s/he has some personal knowledge of the matter at issue in court Ordered to Appear by Subpoena Ordered to Appear by Subpoena Must issue oath or affirmation (perjury) Must issue oath or affirmation (perjury) Witness must be competent (next slide) Witness must be competent (next slide)

“ Copyright © Allyn & Bacon 2008 Competency Competency can be gauged by: Competency can be gauged by: Ability to perceive Ability to perceive ability to independently recollect and communicate the events in question ability to independently recollect and communicate the events in question ability to determine fact from fiction ability to determine fact from fiction appreciation of and adherence to the veracity requirement safeguarded by the nature of the U.S. Constitution appreciation of and adherence to the veracity requirement safeguarded by the nature of the U.S. Constitution

“ Copyright © Allyn & Bacon 2008 Competency Like any witness, a child must have the capacity to observe, remember, and narrate the events at issue. Like any witness, a child must have the capacity to observe, remember, and narrate the events at issue. In addition, the child must comprehend the duty to tell the truth In addition, the child must comprehend the duty to tell the truth (Voir dire: pretrial questioning of child by judge) (Voir dire: pretrial questioning of child by judge)

“ Copyright © Allyn & Bacon 2008 Competency 6 th Amendment gives defendant the right to face accuser 6 th Amendment gives defendant the right to face accuser Courts often allow closed circuit TV when witness is a child Courts often allow closed circuit TV when witness is a child [Discuss Hypnosis] [Discuss Hypnosis]

“ Copyright © Allyn & Bacon th Amendment Accused has right to face witnesses and to cross examine Accused has right to face witnesses and to cross examine Accused has right to compel testimony of witnesses that help his/her case. Accused has right to compel testimony of witnesses that help his/her case. Subpoena: Formal directive from a court which requires an individual to appear at a particular place and time to provide testimony or evidence Subpoena: Formal directive from a court which requires an individual to appear at a particular place and time to provide testimony or evidence

“ Copyright © Allyn & Bacon th Amendment All defendants have the right to testify in their own behalf. (But should they?) All defendants have the right to testify in their own behalf. (But should they?) Defendants do not have the right to introduce perjured or false testimony. (Attorney obligation not to. Inform the court if defendant tries to or does so.) Defendants do not have the right to introduce perjured or false testimony. (Attorney obligation not to. Inform the court if defendant tries to or does so.)

“ Copyright © Allyn & Bacon 2008 Witness Credibility Some provisions that encourage witness to tell the truth: Some provisions that encourage witness to tell the truth: mandatory oaths or affirmations mandatory oaths or affirmations cross examination of testimony cross examination of testimony legal ramifications for dishonesty (perjury is a felony in Calif.) legal ramifications for dishonesty (perjury is a felony in Calif.) mandatory compulsion of personal appearance at trial mandatory compulsion of personal appearance at trial

“ Copyright © Allyn & Bacon 2008 Witness Credibility Defendants have the right to confront their accusers, including observing witnesses’ demeanor Defendants have the right to confront their accusers, including observing witnesses’ demeanor Jurors independently evaluate the witness’ perception of the events in question as well as the witnesses honesty. Jurors independently evaluate the witness’ perception of the events in question as well as the witnesses honesty.

“ Copyright © Allyn & Bacon 2008 Witness Impeachment Impeachment: Opposing counsel may also introduce evidence to contradict the sworn testimony; designed to discredit a witness. Impeachment: Opposing counsel may also introduce evidence to contradict the sworn testimony; designed to discredit a witness.

“ Copyright © Allyn & Bacon 2008 Methods of Impeachment Non-specific methods of impeachment include: Non-specific methods of impeachment include: bias/prejudice/motivation bias/prejudice/motivation sensory and mental capacity sensory and mental capacity truth and veracity challenges truth and veracity challenges Specific methods of impeachment include: Specific methods of impeachment include: prior inconsistent statements prior inconsistent statements contradictions contradictions

“ Copyright © Allyn & Bacon 2008 Quiz List the Basic Capacities for a witness to be “competent” List the Basic Capacities for a witness to be “competent” There are five… There are five…