CJ 305 Unit 3

Housekeeping  Coming up in Unit 4  DB questions  Seminar  No U4 quiz  No U4 writing assignment

Witnesses  Witnesses: FRE  Opinions/Experts: FRE Extras: Subpoena Extras: Subpoena Out of State Out of State Segregation during trial Segregation during trial

Witnesses Continued  Lay Witnesses  Expert Witnesses

Lay Witnesses  Under rules of evidence, various types of witnesses can testify in court of law  Can lay witnesses give opinions?  Direct exam v. cross exam

Lay Witnesses  Types: Eyewitnesses Eyewitnesses Police Officers Police Officers Alibi Witnesses Alibi Witnesses Occurrence Witnesses, to name a few Occurrence Witnesses, to name a few

Lay Witnesses…For the Prosecution or Defense  Example crimes: Forgeries Thefts Thefts Burglaries Burglaries Murders Murders How the lay witness may look as a defense witness? How the lay witness may look as a defense witness?

Victims……  …..are lay witnesses.  Types of crimes that do not have a victim as a witness?

Victims continued  When you might not have a victim/witness?  Drug Case  DUI  Murder….  Any others?

Can lay witnesses give their opinions?  Sometimes. FRE 701  Example: Lay opinions on intoxication (foundation questions?)  …on human emotions like anger  …Speed, height….other examples?

A witness forgets….  Refreshing memory FRE 612  Recorded Recollection FRE 803 (5) AKA Past Recollection Recorded

Expert Witnesses FRE  Offer Opinion Testimony  Voir Dire and Foundation questions Judge must find witness is qualified to be expert in the relevant field for them to offer opinion Judge must find witness is qualified to be expert in the relevant field for them to offer opinion Private experts are often compensated for their time

Experts  Three requirements 1. The testimony must be relevant to an issue in the case. 1. The testimony must be relevant to an issue in the case. 2. The expert’s field must be one requiring scientific, technical or specialized knowledge. 2. The expert’s field must be one requiring scientific, technical or specialized knowledge. 3. The witness must have to background necessary to qualify as an expert in that field. 3. The witness must have to background necessary to qualify as an expert in that field.

Types of Experts…  Law Enforcement examples: gang expert, blood spatter, ballistics, GSR, fingerprint, hair/fiber, chemist, bomb and arson  Forensic psychologist/psychiatrist On staff or privately hired On staff or privately hired Commonly used for sanity and fitness Commonly used for sanity and fitness

Other types of Experts…  Physician/Doctor - Pediatrician/neurologist: “shaken baby” cases - Pediatrician/neurologist: “shaken baby” cases - Neurologists: permanent disability, GSW,etc. - Neurologists: permanent disability, GSW,etc. - Forensic Odontologist: bite marks - Forensic Odontologist: bite marks Mitigation Expert Addiction Specialist Coroner/medical examiner Child rape counselor

Impeachment  What does it mean? FRE 607  Methods: - Prior Inconsistent Statement - Prior Inconsistent Statement - Contradiction - Contradiction - Bias - Bias - Character Witness - Character Witness -Prior Conviction -Prior Conviction - Witness Incapacity - Witness Incapacity

Impeachment Continued  Defendant’s statement and Impeachment Even if his statement is inadmissible, it can be used for impeachment if defendant takes the stand at trial. Even if his statement is inadmissible, it can be used for impeachment if defendant takes the stand at trial.  Witness: self incrimination and immunity Use Immunity Use Immunity Transactional Immunity Transactional Immunity

Next week in Unit 4  Hearsay  Chapter 6  DB: 2 questions  No quiz, no project