Witnesses: Competence and Impeachment

Question 1

Under the FRE, every witness must be?

Answer 1

competent - unless there is a particular limitation

Question 2

Competence evaluates a witnesses?

Answer 2

ability to tell the truth

Question 3

Some states have rules on?

Answer 3

competency requirements (minimum ages, etc)

Question 4

Personal knowledge requirement

Answer 4

A non expert witness must have personal knowledge to testify about a matter; this may be established by witnesses own testimony

Examining attorney must establish foundation

Question 5

Oath or affirmation requirement

Answer 5

Witnesses must declare by oath or affirmation they they will testify truthfully and must appreciate that obligation

Question 6

Judge as witness

Answer 6

A judge is barred from being a witness at a trial over which she is presiding

Question 7

Juror as witness during trial

Answer 7

A juror cannot be a witness at the trial at which she is sitting

Question 8

Dead Man’s Statutes

Answer 8

Limits certain kinds of testimony about conversations and transactions w/ people who are deceased (not in FRE)

Question 9

Juror as witness after trial (FRE 606b)

Answer 9

During an inquiry into the validity of a verdict or indictment, a juror may not testify as a witness about:

-any statement made, or incident that occurred, during deliberations

-the effect of anything on that jurors or another jurors vote; or

-any jurors mental processes concerning the verdict or indictment

Question 10

Exceptions to jurors testimony after trial

Answer 10

A juror may testimony after trial about whether:

-extraneous, prejudicial information improperly brought to the Jurys attention

-an outside influence was improperly brought to jurors

-a technical mistake was made in entering the verdict

-juror indicates that he relied on racial stereotypes to convict a criminal defendant

Question 11

Impeachment of witnesses

Answer 11

calling into question into the witnesses credibility (or testimony)

Question 12

3 basic ways to impeach a witness

Answer 12

1. Demonstrate dishonesty (witness has had bad character for truthfulness)
2. Demonstrate bias (witness has some reason to lie or shade the truth)
3. Demonstrate mistake or sensory incompetence (witness did not see clearly, forgot, or is confused)

Question 13

Bias may be shown by:

Answer 13

-the witness has a relationship w/ a party
-the witness has some interest in testifying

Question 14

Sensory incompetence

Answer 14

Includes mistakes and issues of sensory incompetence