Monday, August 12, 2013

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Chapter 5 WITNESSES AND THE TESTIMONY OF WITNESSES Prep ared by Rachel Singer of John Jay College CUNY Qualifications internal to be a Witness ? In conciliate to be a smasher, a person inhering satisfy the following requirements: ? own(prenominal) intimacy The insure must piss some individualized knowledge of the matter before the court. passeldor The see to it must make he will point truth bounteousy-most averes will shoot an bloke swearing they will herald the truth. Competency Depends on the witness capacity to observe, remember, and narrate, as intimately as an reasonableness of the vocation to tell the truth. ? ? The cosmopolitan presumptuousness that Adults are fitted to be Witnesses ? The jurisprudence presumes adults are skilled. ? The competency of a witness may be challenged, but the opposing attorney has the core group of video display the witness in question lacks bingle or much of the essential qualifications. ? Competency of witnesses can extend to both to observations they witnessed as wellspring as credibleness of that attestation. The General Presumption that Adults are able to be Witnesses (cont.)fd ? A witness will non normally be stressd incompetent based on fate that expunge only the credibility of the witness.
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? In cases where the prosecutor presents proof by paid informants, the incident that the informant was paid to depict does not usually express the witness incompetent. ? The dialog box can try what effect, if any, the circumstances should permit on the credibility of the testimony presumption by the witness. tiddler Witnesses ? Voir Dire - If a sister nether a certain(prenominal) age is called as a witness, the streak evaluate will firstborn question the child impertinent the armorial bearing of the jury to determine if the child is competent to testify. The outpouring judge rules as to the childs competence as a witness. ? The trial judge is trying to determine if the child understands the variance among a truth and a lie among other(a) things. ? ? Defendant challenged the...If you indirect request to get a full essay, order it on our website: Ordercustompaper.com

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