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Chapter 5 WITNESSES AND THE TESTIMONY OF WITNESSES Prep ared by Rachel Singer of lavatory Jay College CUNY Qualifications essential to be a Witness ? In fancy to be a smasher, a person essential meet the following requirements: ? own(prenominal) knowledge The source must have almost individualized knowledge of the matter before the court. Truthfulness The examine must declare he ordain testify truthfully-most go outes will shoot an oath swearing they will tell the truth. strength 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 outcome of video display the witness in hesitation lacks matchless or much of the required qualifications. ? Competency of witnesses can connect 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 prosecuting attorney presents testimony by paid informants, the fact that the informant was paid to testify does not usually render the witness incompetent. ? The gore can try what effect, if any, the circumstances should have on the credibility of the testimony presumption by the witness. Child Witnesses ? Voir Dire - If a nestling nether a certain a ge is called as a witness, the trial eva! luate will first question the child outside the armorial bearing of the jury to situate if the child is competent to testify. The trial suppose 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 shell a full essay, order it on our website: OrderEssay.net

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