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Presentation of Evidence - Witnesses

  1. 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.
  2. Can Lay witness testify to opinions?
    No opinions or legal conclusions . just the facts
  3. 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.
  4. 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 truth 
    • - know the difference between telling the truth and a lie
  5. Can interpreters help a witness testify?
    yes, they have to take an oath to make a true translation.
  6. 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
  7. In a criminal case you are PRESUMED
    INNOCENT

    THE PROSECUTION MUST PROVE EACH AND EVERY LITTLE BABY ELEMENT OF THIS CRIME
  8. In _____ you can have mandatory presumptions that the jury must consider.
    civil cases
  9. determines admissibility of hearsay evidence and confessions
    judge
  10. Judge and testifying as witness:
    Cant testify as a witness if they are presiding over the trial
  11. Determines credibility and reliability of witness
    jurors
  12. when can jurors talk to the press?
    when the trial is over
  13. jurors are disqualified as witness when:
    in trials they are sitting on if the other side objects
  14. Jurors cant testify about?
    deliberations
  15. 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
  16. what level of juror misconduct will get us a new trial?
    crazy, overt acts or concealed bias
Author
dwrght16
ID
364143
Card Set
Presentation of Evidence - Witnesses
Description
Presentation of Evidence -
Updated

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