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.
109
questions
4
votes
3
answers
3k
views
Treatment of lying/exaggerating witnesses
So I'm asking this in the setting of a criminal trial, but I'd also be interested to hear about the treatment of the same aspect in a civil trial.
Assume Danny (D) finds himself accused of some ...
- 149
8
votes
3
answers
4k
views
Is it possible for a witness to backtrack and claim that their previous statements were wrong because they misremembered?
One of the Youtube channels I'm following is running a series of videos about an ongoing lawsuit (within reason, of course). The latest video has an interesting point that got me wondering.
Suppose ...
- 995
6
votes
3
answers
2k
views
What does "credible" mean?
Looking at the recently delivered findings and conclusions in Brandt et al. v. Rutledge et al., full text here. On pp. 56-57 of the PDF, one of the expert witnesses is discussed (emphasis added):
Dr. ...
6
votes
3
answers
3k
views
Calling a judge as a witness in a case that the judge is presiding over?
I want to pose a question on the limits of a defendant's right to call people to testify at trial.
Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be ...
- 460
13
votes
4
answers
5k
views
A witness (former gov't agent) knows top secret USA information. Can a court compel them to reveal the informaton?
A former US federal government employee knows information that was classified as top secret by the federal government. This information is relevant to a case. They were called to testify before the ...
- 1,620
6
votes
2
answers
2k
views
Is a witness on the stand allowed to take notes?
I have read that witnesses in a court are allowed to refer to notes when they are testifying, but, without regard as to why they might feel a need to, are they allowed to take notes while they are ...
- 169
23
votes
3
answers
5k
views
What remedies can a witness use to satisfy the "all the truth" portion of their oath?
Hypothetical:
A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought ...
- 1,620
2
votes
4
answers
295
views
Judge witnesses the whole crime
What happens if the judge by some chance witnesses the crime? Has this ever happened?
Or is the judge always picked in such a way that they could never be a witness? (Out of fears of bias or whatever)...
- 139
-3
votes
1
answer
54
views
Can peer/societal-pressure count as witness intimidation?
Inspired by Yakuza: Lost Judgement.
Briana the boss committed a crime, and only Walter the worker directly witnessed it. Briana is well-loved in society (e.g. very sociable and nice to everyone, with ...
- 3,269
2
votes
2
answers
204
views
Is character assassination of witnesses allowed?
Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in ...
- 3,269
5
votes
4
answers
499
views
Is one allowed to ask for compensation for their witness testimony?
Bob witnesses a murder, so reports the crime to the police. Later, lawyers representing the state/jurisdiction come to Bob, asking him to provide witness testimony. But Bob values his time, and doesn'...
- 3,269
1
vote
1
answer
59
views
How can a witness to a civil matter be invited, called or compelled to give testimony?
In criminal trials I understand that one can specify a list of witnesses that a court will try to reach, but are they compelled to assist the trial with their participation?
Now what if it is a civil ...
- 7,157
8
votes
2
answers
3k
views
How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?
I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against ...
- 189
6
votes
4
answers
2k
views
Why didn't the Crown inform the witness about the defense's evidence beforehand?
In 2016 ONCJ 155, the judge says with regards to a witness:
[72] In an effort to explain to the Court her continued socializing with Mr. Ghomeshi following the alleged choking incident and over the ...
- 852
14
votes
4
answers
5k
views
Are witnesses allowed to give private testimonies?
Alice's grandpa Greg is on trial. Alice's testimony is crucial to get Greg convicted. But, for some reason or another, Alice doesn't want to appear in court as a witness in front of Greg to badmouth ...
- 3,269
7
votes
3
answers
972
views
How is the quality of an expert witness judged?
When bringing in an expert to testify something, obviously that expert doesn't have to bring in their resume and go through 3 rounds of interviewing with every member of the jury, as if they were ...
- 3,269
2
votes
2
answers
114
views
Should someone witness other signatures in an application letter to avoid the accusation of forgery?
In India, some years ago my brother wrote an application letter regarding release of a certain fund which was important to both him and his boss. He got the signature of his boss (for forwarding the ...
3
votes
3
answers
4k
views
Why is a witness evidentiary if it cannot be disproven?
I am having trouble understanding the logic of the law discrepancy between hearsay and witness testimony in towards proving guilt rather than innocence.
15
votes
1
answer
6k
views
Can a parent insist that her child (teen) stop assisting police?
This is based on a situation early in the novel The Witness by Norah Roberts.
Suppose that a sixteen-year-old girl (E) witnessed a serious crime, in fact a double murder, apparently by an organized ...
- 112k
5
votes
4
answers
245
views
Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?
Unless you're in some public office (in which case you are compelled to), expert witnesses are monetarily compensated "handsomely" to offer their testimony. See https://law.stackexchange.com/...
- 3,269
12
votes
3
answers
4k
views
What is the penalty for a bad-acting witness/expert?
Say Alice from the defense/prosecution meets with Bob, some expert/witness, to establish some "facts", and then Alice agrees to call Bob to the stand to establish those "facts" for ...
- 3,269
1
vote
1
answer
64
views
What are the constraints on a civil suit (witnesses, evidence, topics) - and are they public
I am currently watching the Depp/Heard trial, and there seems to be a lot of stuff that cannot be shown, or said, and a lot of people i would expect to make a statement are absent.
My guess is that ...
- 131
-2
votes
1
answer
199
views
Usage of the term "what if any" in a question to a witness in court
I am not a lawyer - but I have a question inspired by the recent case of Depp vs Heard.
As heard in the courtroom (no-pun) - I feel like the usage of the term "what if any" its not a proper ...
- 99
7
votes
1
answer
297
views
Depp/Heard trial: "Did I read this right?" Why is this allowed? [duplicate]
In the Depp/Heard trial one of the lawyers reads headlines to Johnny Depp in the witness stand and then only asks "Did I read that right?"
https://www.youtube.com/watch?v=ze3gAu8mZLM
The ...
- 1,228
0
votes
1
answer
24
views
In a legal evidence submission packet, what is common nomenclature for different types of articles?
For example one might have exhibit 1, exhibit 2, and so on, but also various witness statements. Are these statements themselves also exhibits? Where else can one find references of these sorts of ...
0
votes
1
answer
130
views
What kind of lawyer would a witness need to protect themselves
My wife used to work for a company 'A'. Some employees of that company, as well as some state employees are being sued in federal court for civil rights violations (my wife is not named in the suit). ...
- 189
2
votes
1
answer
137
views
Is failure to comply with Brady Rules cause for a mistrial?
The Legal Information Institute defines the Brady Rule as follows.
Brady Rule Primary tabs The Brady Rule, named after Brady v. Maryland,
373 U.S. 83 (1963), requires prosecutors to disclose ...
- 4,682
9
votes
5
answers
8k
views
Can a witness be ignorant about a question asked to him in court?
Is it acceptable for a witness to give an answer to a question posed to him/her in court as I dont know or I'm uncertain?
This is not a refusal to testify it is just a lack of knowledge. Does the ...
- 4,682
1
vote
1
answer
227
views
Can an expert refuse to give expert testimony? [duplicate]
Can an expert be forced to give expert testimony with the use of a subpeona? Seeing as they are putting there reputation on the line it would not strike me as unfair to force a professional into ...
- 4,682
3
votes
3
answers
224
views
Does partiality discredit witnesses?
In criminal trials, when a regular (non-expert) witness does not like the defendant (and admits it when asked), does that alone give a valid reason to discredit them to any extent at all?
Can the jury ...
- 24.5k
1
vote
1
answer
142
views
If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?
This is in relation to the Aryan Khan's Case in which one of the witness claims his signature was taken on a blank paper and he was not aware of what was going to be written on it. He signed it ...
- 219
1
vote
2
answers
238
views
Does a witness admit perjury by testifying a different story on retrial?
Bob was a witness in a trial. That trial was later declared a mistrial and a new one was ordered.
When taking the witness stand again, Bob tells a whole different story, inconsistent or directly ...
- 24.5k
3
votes
1
answer
208
views
Can a retrial admit evidence given in the original trial?
Say there was a criminal trial, and the verdict was later set aside on appeal due to some critical procedure errors happened during questioning of one specific witness (out of many). For example, a ...
- 24.5k
1
vote
2
answers
152
views
Is there presumption of lack of witness' credibility?
Can a party in a case ever argue that their opponents' lay witness lacks credibility just because there is no evidence of their credibility?
Where the judge is the trier of fact (judge-alone/bench ...
- 24.5k
1
vote
2
answers
87
views
Locating summoned witnesses to serve the summons
Suppose a party to a proceeding has obtained summons to a witness from the court.
The witness lives in the town (as per their digital footprint) but is not responsive. The party has no idea where to ...
- 24.5k
9
votes
3
answers
2k
views
How do prosecutors prepare to cross-examine defendants?
Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still ...
- 24.5k
0
votes
1
answer
86
views
If a witness of a criminal trial recants on the stand, how would treating him/her hostile favor the attorney who called him/her?
It's a valid method with witnesses unwilling to tell the truth, but I don't know how it would be useful. You'd at least need proof (s)he lied. And the jury naturally will trust more the witnesses ...
-1
votes
1
answer
95
views
Why is it not the FBI's policy to electronically record witness interviews? [closed]
What I think is the reason is related to Title 18 of the United States Code, section 1001, which makes it a felony for anyone to make a false statement to the FBI. This, in turn, means that if there's ...
-2
votes
1
answer
117
views
If a witness for the prosecution recants on the stand because induced by the defense, what can the prosecution do to make up for it? [closed]
I'll try to summarize my details here. The lawyer is the only witness to what the other witness said. So, unless the lawyer takes the stand, the other witness cannot be contradicted, especially is if (...
0
votes
2
answers
124
views
How useful a lead detective will be as a murder witness in a trial inside of the courtroom?
In my opinion, not so much. I haven't got much experience with the US justice system, but everything the detective learns is hearsay, so (s)he can't tell the jury what witness so-and-so says. (S)he ...
5
votes
4
answers
1k
views
Is it possible that the prosecutor trying a case can become a witness of such case and be taken off it?
I suppose they can be if the prosecutor has been a victim inside the case.
21
votes
5
answers
4k
views
How are expert witnesses motivated?
As a party to a court case, how can one motivate to testify a person who has the wanted expertise? Offer them $$$? (Let's not consider those expert witnesses who make living by testifying / actively ...
- 24.5k
5
votes
3
answers
427
views
When does a warning not to talk to the police become "witness tampering"?
Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
- 6,768
1
vote
2
answers
251
views
Witness credibility questions on cross-examination
Dan is on trial for murdering Vanessa. Wayne, who is Dan's neighbour, is witness for the prosecution.
Dan's lawyer is interested to discredit Wayne's evidence, but has nothing.
On cross-examination, ...
- 24.5k
5
votes
1
answer
282
views
Staying anonymous as a witness in Germany
Alice witnessed an altercation in a public park in which a knife was pulled, but nobody was hurt. The police were called, the offender fled the scene but stayed in the vicinity.
Since Alice saw ...
- 51
2
votes
2
answers
134
views
Do court experts need to agree to be appointed / summoned / subpoenaed?
Court experts are special class of expert witnesses that are appointed / summoned / subpoenaed by the court — as opposed to being called by the parties. In New Zealand the procedure is set out in r 9....
- 24.5k
2
votes
3
answers
1k
views
Traffic Accident. Defending myself (Canada)
I would like to preface by stating this will be my first time in court, and I am looking to get some clarification about proceedings.
Situation (my side of events):
Got into a little "fail to ...
user38580
1
vote
1
answer
110
views
UK law: compromising digital material - compelling someone to inform who showed them a naked video
A video depicting a friend, is allegedly circulating at my local pub which is embarrassing and demeaning to them, showing them naked, though not actually engaged in any relational activity. The person ...
- 139
2
votes
1
answer
154
views
Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials
I'm quite confident that all users on Law StackExchange are well acquainted with the Fifth Amendment of the Constitution, which confers the privilege against self-incrimination upon witnesses as well ...
- 21
0
votes
1
answer
455
views
Why do courts allow attorneys to demand Yes-or-No answers to their questions? [duplicate]
Why do courts allow attorneys to demand Yes-or-No answers to their questions? I'm seeing a lot of that in the Chauvin trial.
Attorneys are prohibited from asking leading questions, and from badgering ...
- 1,294