Objection: Leading
"I heard him say"
"She yelled out..."
"He told me..."
What do you have to do before your expert can talk about their expertise?
You have to qualify them as an expert
1. lay a foundation that shows their qualified
2. You have to ask the judge to qualify them as an expert witness.
Relevance
Questions and Answers must be related to the case
The attorney is asking Juan(ita) Morales:
"What did you eat for breakfast this morning?"
Objection: Relevance
"I did this and then went into the store and then when I got out of the store I looked around for my friends. I couldn't find them so I turned around and went back into the store. Then I saw the Officer and started walking to the sewer. When I got to there I threw my..."
Narration
What can experts do that lay witnesses cannot?
Can give an opinion on issues related to their field of expertise
Narration
Witness provides more information than the question called for.
The witness says:
"I heard someone yell 'Get that cop out of here!'"
Objeciton: Hearsay
"He probably thought I wouldn't notice him throwing the bag"
"She brought out the dog to scare me"
"I didn't see anyone throw a rock, but I know they threw a rock"
Lack of Firsthand knowledge
What is one thing you have to do to enter an exhibit?
Witnesses cannot give opinions on the ultimate issue of the case
The attorney is asking Terry Gibson the following question:
"What training do Officers have for dealing with riots?"
Objection: Lack of Firsthand knowledge
OR
Objection: Opinion. The witness is not an expert in this field
"Violated my 1st amendment rights"
"She is guilty"
"She took my dog in violation of my constitutional rights"
Opinion on the Ultimate Issue
Name two of the three procedures allowed in the competition
Impeachment, Qualifying an expert, Introducing evidence
Impeachment
Process of showing why the witness should not be believed
Eric(a) Decker said:
"That officer took my property in violation of the 4th amendment and violated my 1st amendment by not letting me record."
Objection: Witness is making an opinion on the ultimate issue
When someone is entering an exhibit what do they have to ask the judge before they can show it to the jury?
"Your honor, at this time we move to admit this into evidence"
What is one exception to the hearsay rule?
1. may repeat a statement made direct to him by another witness in the case and
2. a witness may repeat a statement made by an individual who is no longer alive.
Hearsay
something the witness heard outside the courtroom and any written statement made outside the courtroom