Witnesses

Question 1

Competence

Answer 1

• Rule: anyone who has** personal knowledge** of the matter about which they are going to testify and is willing to make an oath to tell the truth is comptent to testify.
• Child: child competent to testify when has personal knowledge and is mature enoug to understand the obligation to tell the truth and is willing to promise to do so.

Question 2

Judge as a witness

Answer 2

Rule: a judge is absolutely barred from being a witness in a trial over which she is sitting.

Question 3

Juror as a witness

Answer 3

• Juror can testify after trial about: 1) extraneous **prejudicial **info improperly brought to jury’s attention, 2) outside influence was improperly brought to bear on juror (bribe, threat), 3) clerical error made in entering the verdict, 4) juror made clear statement that relied on racial stereotypes or animus in convicting D.

Question 4

3 ways to impeach witness

Answer 4

• 1) character for untruthfulness
• 2) bias
• 3) sensory competence

Question 5

When is extrinsic evidence of a prior inconsistent statement used for** impeachment** admissible?

Answer 5

• intrinsic evidence is always admissible
• extrinsic evidence is only admissible if the impeached witness has the opportunity to explain or deny and the adverse party can examine the witness about the inconsistent statement

Question 6

Can an expert witness testify as to his opinion about whether a criminal defendant had the requisite mental state of any element of a crime charged or of a defense?

Answer 6

No. That is an issue for the trier of fact.

Question 7

Can an expert witness testify as to the ultimate issue in the case?

Answer 7

Yes. Unless it is the mental state of any element of a crime charged or of a defense.