Witness Testimonies
Witness testimonies a very powerful tool that can make help the jury members to make their final decision. The witness that most competent is one that is a family member, a spouse, close friend, co-worker, or a neighbor. In essence, witnesses that daily interact with the defendant. Those people with personal connections with the defendant will be able to best testify any strange behavior, (verbal or nonverbal) the defendant exude. For instance, if the defendant wife was murder 3 days ago and he was seen clubbing and flirting with other women, that would constitute inappropriate behavior and would raise some questions among his inner circle. This behavior seems strange because the defendant wife just died so naturally he
The impact of eyewitness testimony upon the members of a jury has been the subject of various research projects and has guided the policies formed by the federal government regarding its competent use in criminal matters (Wells, Malpass, Lindsay, Fisher, Turtle, & Fulero, 2000). Therefore, eyewitness studies are important to understand how
The use of technology in society could be very beneficial in many ways, contrary to what the article, “Will Alexa Take the Witness Stand?” by Patricia Smith, states. The text mostly covered the use of crimes and technology. It also covered privacy struggles and issues with the government on modern technology, such as personal assistants. These “issues” could be very beneficial and go against the use of the modern technology. The use of technology in society is very beneficial and is making society more and more advanced.
Defense and Prosecution Rebuttal. Just as the prosecution has a chance to establish his or her case by way of calling eye witnesses or expert witnesses, the defenses is granted the same opportunity if he or she decides not to rest the case. The defense attorney can call any witnesses he or she may have to support the defendant’s case as well as allowing the defendant to testify on his or her behalf. In addition to the eye witnesses and expert witnesses, the defense may opt to call on a character witness. A character witness is a person who has known the defendant for quite some time and can attest to the defendant’s upright moral temperament and judgment. Immediately after the defense has called his last witness, the prosecution has the opportunity to cross examine any of the defense’s witnesses. Subsequently, the prosecution can attempt to provide evidence that
How would inevitable limitations of witness accounts impact justice in trials? I formed this question in my head after we had the discussion about the factors that influence witnesses which lead historians’ disbelief in their accounts. A paper by James Sedgwick recounting the International Military Tribunal for the Far East (IMTFE) following Nanking Massacre gave me the answer.
Witnesses make a huge impression on a jury and the only way to have a truly honest witness is if the are a neutral witness and have no stake in the result. One way witnesses are important in court cases is, “Witness testimony can make a deep impression on a jury, which is often exclusively assigned the role of sorting out credibility
Defendant may introduce affirmative testimony that the general estimate of his character is so favorable that the jury may infer that he would not be likely to commit the offense charged. When the defendant elects to initiate a character inquiry, not only is he permitted to call witnesses to testify from hearsay, but indeed such a witness is not allowed to base his testimony on anything but hearsay. The witness may not testify about defendant's specific acts or courses of conduct or his possession of a particular disposition or of benign mental and moral traits; nor can he testify that his own acquaintance, observation, and knowledge of defendant leads to his own independent opinion that defendant possesses a good general or specific character, inconsistent with commission of acts charged. The prosecution may pursue the inquiry with contradictory witnesses to show that damaging rumors, whether or not well-grounded, were afloat for it is not the man that he is, but the name that he has which is put in issue. Another hazard is that his own witness is subject to cross-examination as to the contents and extent of the hearsay on which he bases his conclusions, and he may be required to disclose rumors and reports that are current even if they do not affect his own conclusion. A character evidence question may not be hypothetical or assume unproven facts and ask if they would affect the conclusion. In regards to character evidence, the form of inquiry, "have you heard?" has general approval, and "do you know?" is not allowed. The defendant may introduce evidence tending to prove his good reputation; but, if he does so, it throws open the entire subject and the prosecution may then cross-examine defendant's witnesses to test their credibility and qualifications and may also introduce contradictory evidence. A character witness may be cross-examined as to an arrest
You have to make sure the story gets ripped apart piece by piece. Once the attorney starts the shred the witness’s credibility the jury then might strike them out and think about the other things at hand. Some other things to keep in mind is that, you don’t have to do a cross for any specific witness, you are not to argue with the witness, and most importantly take the time to prepare for this cross because it is a very important part and it takes time. When things get shaken up through the cross the attorney of that witness gets to redirect and make sure they get the last words across. In conclusion would be the closing statement, then the jury would deliberate and come to their own conclusion. The thing about trials is that it can seem to take forever but everybody try to be quick and effective with
During trials, there would be five types of evidence that was admitted. For instance, they would recite the Lord’s Prayer, and during this test, the girls were known to scream and roll on the floor creating a distraction and the accused would usually mess up the prayer. Physical evidence, like birthmarks, warts, moles, etc. were also used since they were seen as possible ways for Satan to enter the body. Witness testimony was also considered. If someone accused another person of the misfortune of witchcraft, the accused person might get a conviction.
Someone who physically see something occur and can give a description of it is called an eyewitness. Eyewitness testimonies are often used in court cases to describe what happened during the crime. In many cases the judges values eyewitness testimonies because they were there and experienced it. An eyewitness testimony is a good source of information but many factors can affect the witness. In this essay I will discuss an eyewitness testimony in a well covered court
Seeing students from my high school not trying hard and they only went because they had to had to instead of being willing to succeed in high school. During the first days of the new semester, I tend to see a lot of students show up and whenever I walk by each classroom I would see the classroom mostly full but after a few days pass by I noticed that less and less students would show up. I was very impactful witnessing that students in the Wyandotte County wouldn't try to better their lives by receiving a new education. They tend to do other things that were mainly distractions. Also, I had to experience a lot of fights during school because Wyandotte High School was an area that was full of drama and conflicts left and right.
The element of choosing a jury in a court hearing allows the judge, the defendant, the plaintiff, and the lawyers to “question a pool of potential jurors generally and as to matters pertaining to the particular case” (“Civil Cases- The basics” 1). The defendant and the plaintiff also can exclude some jurors. Additionally, the element of the opening statements in a court hearing allow the parties’ lawyers to start the dialogue. Also, “no witnesses testify at this stage, and no physical evidence is ordinarily utilized” (“Civil Cases- The basics” 1). Furthermore, the witness testimony and cross examination element in a court hearing allow the parties to present their argument and evidence to the jury. During the witness testimony and cross examination “the plaintiff methodically sets forth its evidence in an attempt to convince the jury that the defendant is legally responsible for the plaintiff's damages, or that judgment for the plaintiff is warranted under the circumstances” (“Civil Cases- The basics” 2). In addition, the closing argument element in a court hearing allow the parties to summarize their argument and “the evidence in a light favorable to their respective positions” (“Civil Cases- The basics” 2). The parties also look for the weakness in each party’s argument in order to
Jones states that verbal witness is necessary besides some action like helping and supporting other people, which seems like letting people know about why something like love or material. (256) It can be a positive side for people who receive or give so they are more clear about what they do. But sometimes some people focus too much on verbal witness when they share Christ’s love with food, clothing, shelter, or some necessities. They make some kind of rule before they share foods as recipients have to listen to short gospel before meal is given or they have to memorize one short verse before winter clothing is given. Even though there is still a positive side, it can be possible to lean against one side of conditional love for evangelism.
There is a great importance on the questions that are asking to a witness about what they saw occur. Although they may be certain of what they saw there is potential for witness failure because of many factors. These factors can be things such as vision, lighting, memory and more. The vague description that a witness delivers can lead to errors which can lead to lots of problems in the investigation process. When the individuals were asked how old the suspect was in the video that they were shown, their answers were anywhere from 18-30 years of age. There were some individuals who were quite precise with their descriptions of the suspect and the scenario that they saw. On the other hand, there were many who were vague and incorrect when answering questions. One way that interviews can go
Courtroom testimony work to protect the child from having to physically appear in the courtroom, as the setting may serve to be unfamiliar and terrifying, as the abuser may be present. A child’s testimony may be taken by a two-way closed circuit television, or may occur pre-trial. Therefore, the child is not forced to be in the presence of the perpetrator, or before a courtroom filled with unfamiliar faces. Confidentiality in child sexual abuse cases is crucial, as families value their privacy and would prefer to begin the healing process away from the public’s eye. Therefore, Code § 3509 demands that all Court documents that include the name of the victim or witness must be stored in a secure area, and are not to be disclosed to any individuals who are not involved in the case. With the identity of the victim kept confidential, the needs of the child are met by a multi-disciplinary child abuse team. Such a team “consists of dedicated professionals representing many facets of the government and private sectors including police officers, prosecutors, medical professionals, caseworkers, and therapists” (U.S Department, 2017). Under Code § 3509, the team works side-by-side to prevent any additional trauma from being inflicted upon the child, and may aid in the healing process further down the road. By having such teams available to the victim and the victim’s family, the legal process becomes a less of a burden for the victim, and becomes oriented around the severe and swift punishment of the offender.
Walter (2002) has mentioned that fallibility of witness is an important issue in the American justice system. Honesty of eyewitnesses during the trial is an important issue that has concerned most in the American justice system. In the presence of a testimony from an eye witness, jury can judge better as greater impact of an eye witness is seen on the jury members. Ziskin, Faust and Anderer (2011) have mentioned that the main responsibility of the jury members is the sorting out of credibility issues and judging the level of truth presented by the witnesses. Perjury is thought to be a crime as if a witness can lie in the witness stand; it can have negative effects on the judgments of the jury, on the dignity held by the trial, and legitimacy of the judicial systems in America.