Hearsay Exceptions
When the witness confesses to the/a crime.
Admission
When a witness adds excessive information to a yes or no question
Non-responsive
When a question’s material has nothing to do with the case
Relevance/Irrelevant
The correct form of making an objection.
“Objection, ____” OR “Objection, Your Honor, ___”
When someone lies under oath
Perjury
When a statement does not match with what was said previously.
Prior Inconsistent Statement
When the witness/attorney gets brash or aggressive when answering/asking
Agrumentative
When a question doesn’t have enough detail to be a concise question
Vague
It’s not required when objecting, but it can help get the court’s attention.
Standing up
What you should do when the opposing counsel is presenting
Actively listen
When someone says something under the pretense that they will die
Dying Declaration
When there is a back and forth between the witness and attorney
Badgering
When the question has shown up previously
Asked and Answered
When you object, you are doing what to opposing counsel?
Holding them accountable to the rules
The space between the bench and the counsel tables
The Well
When a witness can say someone else identified someone at the crime scene. STATEMENT HAS TO BE MADE IN RELATIVE TIME TO THE CRIME
i.e, A police officer can say “Fallon identified Quinn as the shooter”
Prior Identification
When the witness makes an assumption
Speculation
When a question contains information that has not been admitted
Assumes facts not in evidence
When should you object?
Whenever YOU think you can.
When a witness does not have a firm grasp on reality
Incompetent
When making a statement about another individual’s mental/physical health, what has to happen?
The individual is UNAVAILABLE
When the witness is asked about information during a conversation between them and their spouse, or them and their attorney, or them and their doctor
Privilege
When a question is asked during redirect that does not directly combat a question asked in cross
Beyond the scope of direct examination
When objected to, do not do this, let opposing counsel do this.
Explain/Defend themselves
What is an example of when an attorney should NOT cross examine a witness?
A child, anonymous witness, and/or a sensitive witness