Witnesses

Question 1

Competence: definition

Answer 1

Anyone can be a witness as long as they have personal knowledge and take an oath

Question 2

Competence: Who is not competent to testify

Answer 2

• Judges
  Jury members unless they are testifying to receipt of extraneous prejudicial information, improper outside influence, errors on verdict form, or racial animus

Question 3

Ways To Impeach

Answer 3

You can impeach a witness by showing: Bias, mistake/sensory incompetence, dishonesty

Question 4

Testimony: Lay Witnesses

Answer 4

• Must testify as to fact
• unless opinion was based on their perception and helpful to a fact at issue

Question 5

Testimony: Expert Witness

Answer 5

• definition: scientific, technical, or specialized knowledge that will help the trier of fact
• Must be based on sufficient facts and data and the methods must be applied reliably to the case
• can be based on (1) personal opinion (2) facts made known at trail or other things that are reasonably relied upon at trial
• cannot comment on mental requisite state for conviction