In order for a lay-witness opinion to be admissible it must be:
Rationally based on the witness's perception
+ Helpful to the jury.
+ Not based on technical, scientific, or other specialized knowledge.
Can Lay witness testify to opinions?
No opinions or legal conclusions . just the facts
HYPO: If you are familiar with someone's handwriting prior to the trial (like if you're a bank teller testifying in a fraud case for example)... you may
testify to the similarities you see in handwriting samples because they are rationally related to your perception.
Can a child or crazy person be a witness?
yes as long as it is determined that they have the capacity to understand their obligation related to telling the truthÂ
- know the difference between telling the truth and a lie
Can interpreters help a witness testify?
yes, they have to take an oath to make a true translation.
Dead Man's Statute
When it comes to civil actions... you cannot testify in support of your own interest about a dead person's estate
In a criminal case you are PRESUMED
INNOCENT
THE PROSECUTION MUST PROVE EACH AND EVERY LITTLE BABY ELEMENT OF THIS CRIME
In _____ you can have mandatory presumptions that the jury must consider.
civil cases
determines admissibility of hearsay evidence and confessions
judge
Judge and testifying as witness:
Cant testify as a witness if they are presiding over the trial
Determines credibility and reliability of witness
jurors
when can jurors talk to the press?
when the trial is over
jurors are disqualified as witness when:
in trials they are sitting on if the other side objects
Jurors cant testify about?
deliberations
Jurors may testify after trial about whether:
outside influence was brought to jury's attention - something they googled about, mistaken understanding
- clerical or technical error made in entering verdict
- juror made a clear statement that he relied on racial stereotype or animus in convicting a defendant
what level of juror misconduct will get us a new trial?