To be, or not to be a witness
If a witness forgets what she observed at an event, she will never again be able to testify about this event. True or false?
False. She may testify if her memory is restored prior to trial.
In New York, a four-year-old child is barred from testifying in court. True or false?
False. If the four-year-old appreciates the obligation to tell the truth, he or she may testify
A coroner testifying about the victim’s cause of death is considered this kind of witness
An expert witness
If a lay witness does not have this kind of knowledge about an event, he or she cannot testify about that event.
Personal knowledge
A witness must have an appreciation for this obligation in order to testify.
The obligation to tell the truth
If the jury believes the witness is telling the truth, the witness is this kind of witness.
A credible witness
A witness can communicate effectively to the jury or the judge by being this.
Credible, consistent, and well-spoken
What is the criminal consequence of a witness if he/she lies under oath?
The witness can be charged with perjury.
The two basic types of witnesses who testify at trial.
Expert witnesses and lay witnesses
Name the four qualifications that every lay witness must satisfy in order to testify before the jury.
(1)Must have personal knowledge of the facts,
(2)Must have some memory of it,
(3)Must be able to communicate it, and
(4)Must appreciate the obligation to tell the truth
What does an attorney need to do before securing the witness’ signed affidavit?
Ask the judge for permission to approach the bench.
In New York, how much intelligence must a mental incompetent have in order to justify the jury hearing that person’s testimony? Give the legal standard.
Sufficient intelligence