Witnesses

Question 1

When can a juror testify?

Answer 1

1. Extraneous prejudicial info brought to jury’s attention
2. Improper outside influence
3. Mistakes on the verdict form

Question 2

When are specific instances of conduct admissible for truthfulness?

Answer 2

Only on cross exam if probative of witness’ truthfulness or truthfulness of another witness whose character is being testified
When witness denies specific act but has criminal conviction

Question 3

When can criminal convictions be used to impeach a witness’ character for truthfulness?

Answer 3

1. Crimes involving dishonesty / false statement
2. Other crimes punishable >1Y prison / death - (a) D - only if probative > prejudicial, (b) other witness - can exclude if prejudice > probative
3. Conviction > 10Y ago - probative substantially > prejudice + need notice
4. Juvenile adjudication if used against non-D witness

Question 4

How can a witness be rehabilitated?

Answer 4

1. Explain / clarify on redirect
2. Opinion / reputation of witness character for truthfulness if character was attacked on untruthfulness
3. Consistent statement to rebut that witness lied

Question 5

When can a lay witness testify?

Answer 5

1. Based on witness’ perceptions
2. Helpful to clear understanding of witness testimony of fact in an issue
3. Not based on scientific, technical, or specialized knowledge

Question 6

What is required for an expert witness to testify?

Answer 6

1. Subject matter = scientific, technical, or specialized knowledge
2. Help trier of fact understand evidence / determine fact at issue

Question 7

What is not appropriate compensation for a witness?

Answer 7

1. Excess of reasonable time and expense witness spent

2. Contingent on content / outcome of witness testimony

Question 8

What is appropriate compensation for a witness?

Answer 8

1. Appearance fee

2. Travel allowance