Witness Examination
This type of question should be asked in a direct examination.
The amendments the Miranda warnings allude to.
What are the 5th and 6th Amendments?
What is this an example of, "Defendant Tony told me that he was Jealous of Chris's new Ferrari, so he snuck into his house and stole it out of his garage”
Admission by a defendant
What is a Narrative?
For most of trial, this side goes first.
This attorney might cross-examine the defendant.
Who is the prosecutor?
The type of hearsay exception that arises during a stress situation or occurrence.
What is an Excited Utterance
What type of objection should be made here? "Lebron told me that he saw Kevin drink 8 tequila sodas then drive home in his car".
What is Hearsay
what do causal claims aim to do
present a cause-and-effect relationship between two or more variables
To effectively communicate on the witness stand, a witness must be this.
What is credible?
This can legally happen after a suspect has been read their Miranda warnings.
What is custodial interrogation?
What is this, "Right before Tony's lifeless body went limp, he told John that he heard Andy admit to robbing a store"
What is a dying declaration
"Did you eat a sandwich or hot dog?" is an example of.
What is a compound question
what are the three qualities of a thesis
disputable, specific, succinct
Type of witness that isn't an expert.
What is a lay witness.
This happens before Miranda warnings are required.
What is a suspect is brought into custody?
True or false, Admissions by a defendant are hearsay.
False!
Type of objection used when a witness is asked to guess, estimate, or make assumptions about something.
What is speculative.
what 3 pieces of commentary do you need for your evidence
you need to explain the evidence, critique the evidence, and link evidence to thesis
The five things the attorney is trying to prove in a cross-examination.
What is:
1. The witness cannot remember facts;
2. The witness did not give all of the facts;
3. The witness told a different story at some other time;
4. The witness has a reputation for lying;
5. The witness has some special relationship to one of the parties or bears a grudge against one of the parties.
The four Miranda warnings.
What are:
1. You have the right to remain silent
2. Anything you say can be used as evidence against you
3. You have the right to an attorney and to have that attorney present during questioning
4. If you cannot afford an attorney, you are entitled to haver one appointed to represent you before questioning.
Name 3 reasons why out of court statements shouldn't be allowed in courts. (Hearsay)
- Less likely to help the jury discover the truth.
- Person making the statement can be lying and cross examination won't reveal falsehoods.
- Words may have changed as it was passed from person to person (Like our game of telephone!)
- The more people it's passed through the likelihood of inaccuracy increases.
True or False, During a direct examination the attorney should be asking leading questions.
False! they should be asking open-ended questions
The 5 stages of a criminal trial.
What is:
1. Introductory Statements
2. Prosecution Presents Case
3. Defense Presents Case
4. Summary Arguments
5. Instructions/Deliberations/Verdict/Sentencing