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.
Questions tagged [witnesses]
118 questions
29
votes
3 answers
Do I (witness) have to respond to email from defendant's lawyer?
I witnessed (heard) an alleged crime a long while back and was recorded as a witness by the police. Recently, I received an email from the defendant's lawyer requesting contact information and asking me to answer some questions.
Do I have to…
Heathcliff
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3 answers
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 incomplete and possibly leading to a misunderstanding…
Mindwin Remember Monica
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21
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5 answers
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 seek to be engaged. Those are motivated already,…
Greendrake
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15
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1 answer
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 crime figure. E reports the crime to the police,…
David Siegel
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14
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4 answers
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 him. Is Alice allowed to give private testimony to…
chausies
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13
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4 answers
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 court. This person is not a defendant.
I believe…
Mindwin Remember Monica
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13
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3 answers
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 testimony has been recorded can that be admitted? …
feetwet
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12
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3 answers
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 the court.
But when called the the stand, Bob presents the opposite…
chausies
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10
votes
3 answers
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 seals and phony serial numbers, and in Oakland…
user608
10
votes
1 answer
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 truth, the whole truth, and nothing but the truth."…
user35734
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9
votes
2 answers
Refusing to swear the oath by asking for a lawyer
Let's say a witness is called to the stand. One who has been prepped by whichever attorney called them. When asked if they swear to tell the truth they ask for a lawyer. What happens next?
I know there are legal reasons that can excuse one from…
candied_orange
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9
votes
5 answers
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 them in court as I dont know or I'm uncertain?
This is not a refusal to testify; it's just a lack of knowledge. Does the justice system allow for the option that a witness…
Neil Meyer
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9
votes
3 answers
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 needs to be ready.
So, Peter thinks up a few…
Greendrake
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8
votes
3 answers
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 the lawsuit is about events that took place about a…
Vilx-
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8
votes
2 answers
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 the person and property (burglary)
In meeting…
Anthony
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