“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Nine: Examination of 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. Marjie Britz

“ Copyright © Allyn & Bacon 2008 Types of Witnesses Lay Witnesses: Individuals privy to an event relevant to the issue at hand Lay Witnesses: Individuals privy to an event relevant to the issue at hand testimony is generally limited to real evidence (i.e. something observed or experienced through one of the five sense) involving the facts of the case testimony is generally limited to real evidence (i.e. something observed or experienced through one of the five sense) involving the facts of the case some opinion evidence is admissible some opinion evidence is admissible

“ Copyright © Allyn & Bacon 2008 Types of Witnesses Expert Witnesses: Those individuals called to testify about a relevant event based on his/her special knowledge, education or training Expert Witnesses: Those individuals called to testify about a relevant event based on his/her special knowledge, education or training allowed when evidence is beyond the understanding of the average juror allowed when evidence is beyond the understanding of the average juror must be competent must be competent

“ Copyright © Allyn & Bacon 2008 Types of Witnesses Standard for the introduction of scientific or technical evidence stems from two primary sources: case and statutory law Standard for the introduction of scientific or technical evidence stems from two primary sources: case and statutory law Factors in considering the standard Factors in considering the standard 1. Whether the scientific theory or technique can be and has been “tested” 1. Whether the scientific theory or technique can be and has been “tested” 2. Whether it has been subject to publication and/or “peer review” 2. Whether it has been subject to publication and/or “peer review”

“ Copyright © Allyn & Bacon 2008 Types of Witnesses 3. The known or potential “rate of error”; 3. The known or potential “rate of error”; 4. The existence and maintenance of “standards” controlling the technique's operation 4. The existence and maintenance of “standards” controlling the technique's operation 5. “General acceptance in the scientific community” 5. “General acceptance in the scientific community”

“ Copyright © Allyn & Bacon 2008 Types of Witnesses – cont. Experts are examined (Voir dire) to ensure: Experts are examined (Voir dire) to ensure: their testimony is necessary for clarification to the jury their testimony is necessary for clarification to the jury they possess the requisite credentials and qualifications they possess the requisite credentials and qualifications the scope of their testimony is within the parameters of that which the court is willing to accept as scientifically or technologically sound the scope of their testimony is within the parameters of that which the court is willing to accept as scientifically or technologically sound

“ Copyright © Allyn & Bacon 2008 Examination of Witnesses Direct Examination of a witness occurs when a witness is questioned by the side which called them to testify Direct Examination of a witness occurs when a witness is questioned by the side which called them to testify Cross Examination is conducted by opposing counsel at the conclusion of direct examination Cross Examination is conducted by opposing counsel at the conclusion of direct examination Can include leading questions Can include leading questions

“ Copyright © Allyn & Bacon 2008 Examination of Witnesses The demonstration of the veracity of a particular witness (i.e. rehabilitation) is often attempted immediately after cross- examination during a period known as Redirect The demonstration of the veracity of a particular witness (i.e. rehabilitation) is often attempted immediately after cross- examination during a period known as Redirect Recross-examination immediately follows redirect, and is limited to those areas addressed therein Recross-examination immediately follows redirect, and is limited to those areas addressed therein

“ Copyright © Allyn & Bacon 2008 Objections 3 general types of objections: 3 general types of objections: 1. Substantive objections to questions posed 2. Substantive objections to the question’s form 3. Substantive objections to the answer offered

“ Copyright © Allyn & Bacon 2008 Competency, Relevancy and Materiality As with all evidence, witness testimony must be competent, relevant, and material to the issue at hand As with all evidence, witness testimony must be competent, relevant, and material to the issue at hand Competency: Competency: 1. ability to independently recollect and communicate the events in question 2. ability to determine fact from fiction 3. appreciation of and adherence to the veracity requirement safeguarded by the nature of the U.S. Constitution and the structure of the American judicial system

“ Copyright © Allyn & Bacon 2008 Competency, Relevancy and Materiality Relevant evidence has tendency to make the existence of a fact in question more or less probable than without the introduction of such evidence Relevant evidence has tendency to make the existence of a fact in question more or less probable than without the introduction of such evidence Material evidence has an affect on the trial Material evidence has an affect on the trial

“ Copyright © Allyn & Bacon 2008 Corroboration Corroborating evidence refers to supplementary or supporting evidence which tends to strengthen or confirm extant evidence Corroborating evidence refers to supplementary or supporting evidence which tends to strengthen or confirm extant evidence