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Chapter 5 WITNESSES AND THE TESTIMONY OF WITNESSES Prep ared by Rachel Singer of fundament Jay College CUNY Qualifications essential to be a Witness ? In gibe to be a smasher, a person essential satiate the following requirements: ? own(prenominal) knowledge The find whizself must have some(prenominal) individualized knowledge of the matter before the court. Truthfulness The figure must declare he pull up stakes testify truthfully-most regardes will shoot an oath swearing they will tell the truth. efficiency Depends on the witness capacity to observe, remember, and narrate, as well as an reasonableness of the duty to tell the truth. ? ? The frequent Presumption that Adults are fitted to be Witnesses ? The law presumes adults are competent. ? The competency of a witness may be challenged, but the opposing attorney has the interference of video display the witness in question lacks one or much of the required qualifications. ? Com petency of witnesses can think both to observations they witnessed as well as believability of that testimony. The General Presumption that Adults are Competent to be Witnesses (cont.)fd ? A witness will non normally be stressd incompetent based on circumstances that expunge only the credibility of the witness.

? In cases where the public prosecutor presents testimony by gainful informants, the fact that the informant was paid to testify does not usually render the witness incompetent. ? The jury can try what effect, if any, the circumstances should have on the credibility of the testimony presumption by the wit ness. Child Witnesses ? Voir Dire - If ! a tiddler nether a certain age is called as a witness, the trial evaluate will first question the child outside the armorial bearing of the jury to localize if the child is competent to testify. The trial sample rules as to the childs competence as a witness. ? The trial judge is trying to determine if the child understands the variance between a truth and a lie among other(a) things. ? ? Defendant challenged the...If you want to hire a full essay, order it on our website: BestEssayCheap.com

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