Search results
Results from the WOW.Com Content Network
In the majority of U.S. jurisdictions, character evidence is inadmissible in civil suits when being used as circumstantial evidence to prove that a person acted in conformity with their character; it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. [2]
Additionally, a party may impeach a witness for "bad" character by introducing evidence of the witness's prior conviction of a crime, subject to a series of rules laid out in 609(a). [7] If the witness's prior conviction was for a crime involving dishonesty or false statement, evidence of that crime is admissible for impeachment purposes ...
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
Witness competence rules are legal rules that specify circumstances under which persons are ineligible to serve as witnesses. For example, neither a judge nor a juror is competent to testify in a trial in which the judge or the juror serves in that capacity; and in jurisdictions with a dead man statute , a person is deemed not competent to ...
The United States Federal Rules of Criminal Procedure defines a witness statement as: "(1) a written statement that the witness makes and signs, or otherwise adopts or approves; (2) a substantially verbatim, contemporaneously recorded recital of the witness's oral statement that is contained in any recording or any transcription of a recording ...
When a party uses the testimony of a witness to show proof, the opposing party often attempts to impeach the witness. This may be done using cross-examination, calling into question the witness's competence, or by attacking the character or habit of the witness. So, for example, if a witness testifies that he remembers seeing a person at 2:00 ...
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."
In the instant case, the Court held that a trial judge could hold the "presumption" that a new witnesses' testimony is perjured due to "a pattern of discovery violations". [24] The pattern in Taylor's case was a series of two amendments to the witness list done in bad faith. [25] "It would demean the high purpose of the [Clause] to construe it ...