Questions tagged [witnesses]

People who were at or near the scene of an event at the relevant time, and in a position to testify as to what happened.

Filter by
Sorted by
Tagged with
-1
votes
2answers
24 views

Are there [forensic] organizations that contract out expert witnesses and if so, what are they called?

So to try and put my question into context, I'm thinking about writing a fan-fiction spin-off to a TV series that is in part a legal drama, but I also want it to have a scientific investigative ...
0
votes
1answer
59 views

Are there any cases where the witness has answered the cross-examiner to highlight what he is attempting,and what are the potential consequences

Often a cross-examiner will make suggestions that are almost certainly not believed by the cross-examiner himself. I am sure that there have been belligerent witnesses who have thrown abuse, but have ...
1
vote
0answers
65 views

Is it legal to hire someone to witness a situation (i.e. workplace bullying)?

I'm hoping to get some insights about the legality of hiring a witness to gather evidence. This person would be an unaffiliated third-party that simply listens in on a co-worker conversation from an ...
5
votes
2answers
3k views

What does it take for witness testimony to be believed?

I'm imagining a very generic situation of violence. Say there are two groups of people, W (witnesses) and A (accused). Some members of group A are accused of an act of violence from all members of ...
0
votes
0answers
34 views

Is it legal to hire a Private Investigator in Korea? If not, what's the closest alternative?

I'm writing a story and I'm asking for factual accuracy in the storyline. (Not asking for suggestions in hiring an actual PI.) I know for a fact that it's now illegal in Korea to hire a Private ...
1
vote
1answer
34 views

What are the conditions surrounding character witnesses in trials?

I'm interested in how certain trials work in US Law, particularly when it comes to Character Witnesses. How do defence teams go about selecting character witnesses, in particular when it comes to ...
0
votes
1answer
71 views

In general should court documents not be disclosed?

I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of ...
0
votes
1answer
70 views

Correct way to ask written questions of an expert witness

I am the defendant in a case and the claimant has submitted evidence from an expert witness. I have been told I have the ability to question the expert witness in writing. What is the appropriate way ...
1
vote
2answers
319 views

How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?

I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who ...
1
vote
1answer
130 views

What Happens to Abandoned Infant Citizenship?

In the United States, you are considered a U.S. Citizen just by being born in the United States. However, I imagine that there are situations where there is no proof that a child was born in the ...
0
votes
3answers
390 views

Why can't a lawyer just blame a random witness for harming a plaintiff?

It seems generally uncontroversial that in examining a witness at trial, a lawyer may not ask questions implying that the witness has engaged in some wrongdoing unless the lawyer has some basis for ...
1
vote
1answer
150 views

can you hire a witness as your lawyer to exclude their testimony?

I'm was just watching "American Crime Story" season 1 (O.J. Simpson trial), episode 4, around 38:30. The prosecutors were discussing the case when one asked about the testimony of Robert Kardashian, O....
1
vote
1answer
188 views

Witness sabotaging a document with wrong signature

Suppose you are asked to sign a document (a will, marriage certificate, deed poll, etc.) as a witness. You secretly disapprove of the thing taking place and therefore attempt to sabotage the document ...
4
votes
2answers
188 views

Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?

Say Rob commits a crime against Bob, and Matt witnesses it. Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
5
votes
1answer
228 views

Translation of witness testimony

You are a juror on a serious criminal case in the United States. One of the witnesses, a tourist, has no knowledge of English. Questions and answers for this witness (both direct and cross) are ...
2
votes
1answer
302 views

Disabled fiancée is harassed by her father and I'm a witness. Am I an accomplice from not helping?

Quick context summary: I've been with my fiancée for years. Although we call ourselves as such, we are not legally married nor recognised as a couple. We're living around 500 kilometres/311 miles ...
4
votes
1answer
100 views

Witnessing a theft in France

When I witness a theft, for example, a pickpocket in a busy RER, am I bound by law to report the theft? Am I required/protected by law to defend the victim/intervene in the act?
0
votes
2answers
250 views

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

If this is a why of the law based on policy, I will move it to the politics site. I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
5
votes
1answer
293 views

What's the point of prohibiting leading questions when unfavorable answers can result in witness being declared hostile?

From what I understand, during direct examination: It is assumed that the witness you called is favorable to your case, so you cannot ask them leading questions (in order to avoid coaxing them into ...
1
vote
2answers
138 views

Can behaviour of a witness in a witness box affect the outcome of the proceedings?

I'm getting myself ready for the court hearing and I need to verify factual accuracy of the following statements. The Judge takes account not just of what is said, but also of how it is said, of ...
1
vote
2answers
156 views

Consequences of contradicting one's sworn testimony in separate cases?

If a person makes a statement to police and 2 years later in a courtroom, under oath but not the same case, they make a statement that directly contradicts their witness statement does the defense ...
1
vote
1answer
2k views

Is there a legal prohibition on aircraft cabin crew serving as witnesses?

While browsing some stuff on quora, I came across that cabin crew is not a legal witness as per law. Cabin crew cannot be a legal witness as per the law, due to cabin pressure and altitude they ...
3
votes
1answer
296 views

Do most people who take the stand at a trial not tell “the whole truth”?

I should note beforehand that much of my legal "knowledge" is based off of TV shows and movies so some of my assumptions might be off. When you take the stand at a trial, you promise to tell "the ...
1
vote
2answers
69 views

Contacting the opposition

A young lady (21) is connected to our family through friendship. Over the last year or so she has had a rough go of it. Central to these issues is a legal dispute with her step-father and the mother ...
4
votes
3answers
3k views

Force person on stand to only say, yes or no, legal?

I've searched and have been unable to find the answer to this. It's a pretty basic question and something you see a lot in USA crime/law dramas. A person takes the stand under oath, under examination ...
1
vote
0answers
57 views

When is evidence introduced that is not easily shown

In a criminal trial, I've seen counsel walk over and show items to the opposing counsel that they wish to enter into evidence. After showing it to them, they'll begin laying the foundation sometimes ...
2
votes
2answers
533 views

What are the Responisbilities of a Witness (Witness Signature)?

When signing a contract or a consent form, does the person signing as a witness have to: See that the signatory (primary person signing) has filled in any/all blank values Confirm that the signatory ...
2
votes
1answer
300 views

When is an email message admissible evidence?

I am a parent who is pursuing a special education impartial hearing without a lawyer. I have learned (in the hearing) that I can question district employee A about an email message I sent to that ...
2
votes
5answers
3k views

Can a witness safely admit to committing illegal actions?

Can someone who is testifying as a witness in a U.S. civil (small claims) case receive immunity from criminal acts? Consider this hypothetical: The defendant is accused of stealing something from ...
0
votes
2answers
163 views

Alternative to “Isn't it true that…?” when questioning witnesses

I am a parent who is going to a special education impartial hearing without a lawyer. I have read that with school district witnesses, I am allowed to ask questions of the form "Isn't it true that...?...
5
votes
1answer
1k views

“Right to silence” for witnesses in Norwegian law

I know that the Norwegian Criminal Procedures Code §90 gives a suspect the right to refrain from testifying against themselves. There's this Norwegian fictional story where a group of friends witness ...
1
vote
3answers
165 views

In Canada, is there an individual cause of action against a perjurer or police?

Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1 In Canada, could you sue the perjurer? Suppose you lost your job, ...
1
vote
2answers
2k views

Who should witness a medical records request form?

I have almost filled out a medical records request form for a hospital, but the final lines state that I must sign and my signature must be witnessed, along with a line for the "witness" in question. ...
8
votes
3answers
13k views

Why are documentary crews allowed to be a party to illegal activity?

I was recently watching a documentary that was about underground firearms trade. The crew found themselves in the Philippines where Colt .45 1911 knockoffs were being manufactured and stamped with ...
1
vote
1answer
309 views

Is it legal for police to deny protection to an informant despite a known threat?

So, the second season of Daredevil came out today, and internet lowlife that I am I'm already a few episodes in. A pivotal part of the plot involves a criminal who police are well aware would almost ...
3
votes
3answers
881 views

What does the witness oath mean in legal situations?

I'm in NSW, Australia but our witness oath is apparently fairly standard across English-based legal systems. It looks like this generic example from wikipedia: Oath: I swear that the evidence that ...
1
vote
1answer
71 views

Under what conditions is it possible or required to change one's own affidavit?

What are the options if a fact witness in a civil case writes an affidavit that is filed with the court and later finds out that the affidavit is simply wrong? For example, the affidavit said that ...
1
vote
2answers
222 views

is 12 of your peers a bad thing now?

Everything about the US legal system is based on police lineups and a unanimous decision by 12 of your peers. But surfing a popular physics website I stumbled across phys.org "Under ancient Jewish ...
6
votes
1answer
1k views

Simple techniques to take away from police officer's credibility

Are there any simple and easy methods to try to detract from a police officer's credibility? I'm interested in the US legal system. Example When challenging a traffic ticket, you can take notes or ...
8
votes
3answers
1k views

May I contact a person who wrote an opposing affidavit?

I wrote an affidavit for a divorce proceeding in Georgia (USA), as a fact witness (not an expert witness). I read an affidavit of someone who wrote an affidavit for the other side. I am concerned ...
1
vote
1answer
721 views

What is the point of having a witness sign something?

On some documents they require a witness to sign. What is the point of this? Just added security that it's less likely 2 people would lie?
5
votes
1answer
424 views

How do lawyers find expert witnesses?

When a lawyer needs an expert witness I assume he looks for three things: Unimpeachable credentials Motivation to support his case The ability to favorably impress a jury, via a compelling demeanor ...
2
votes
1answer
257 views

Immunity in exchange for testimony

Suppose John Doe is on trial for murder and Jane Smith is called as a witness. Suppose some question prompts Jane to take the fifth against self incrimination. My understanding is that the prosecution ...
3
votes
1answer
317 views

What is the legal meaning of “related to”?

I'm filling out a paternity affidavit right now. The instructions say, The parents of this child or anyone related to the parents cannot be witnesses to any of these affidavits. This cannot be ...
1
vote
2answers
460 views

Destroying a will and ganging up with relatives not included in that will

I've seen and read about lots of relatives of deceased wealthy individuals disputing the dead person's will and I've always been curious about this: Suppose I'm a lawyer (who I'm not) and I'm ...
4
votes
6answers
518 views

What is the opposite of argumentative?

From Wikipedia: Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. ... For example, if a lawyer ...
12
votes
2answers
3k views

Does killing witnesses before trial suppress them?

If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant? For example, if sworn ...