Technical and Legal Aspects of Witness Differ

  • Uncategorized

I guess it`s semantics, but I`m cautious about how I claim to be an “expert.” If I bill someone for expert services and a judge refuses, will I offer a refund? A secondary witness is a witness who must often be used by the prosecutor to link important pieces of evidence. For example, it could be a chemist who can testify that the drugs the accused is charged with are in fact illegal controlled substances; or a laboratory technician who has collected evidence to preserve it and ensure it is not contaminated. At the end of the statement, it must be signed by the witness. If the testimony is an audio and/or video recording, the preceding preamble must be used to begin the testimony, and once the testimony is transcribed, the witness must sign the printed transcript. A perceptual witness (or eyewitness) is a witness whose knowledge is acquired through his or her own senses (e.g., visual perception, hearing, smell, touch). This perception can be made either with the simple human sense, or with the help of an instrument such as a microscope or stethoscope. The questioning of witnesses is extremely important for any case, regardless of its civil or criminal nature, and both procedural laws explain the questioning of witnesses. Sections 135 to 166 of the Indian Evidence Act explain the examination of witnesses, including important aspects such as who may examine witnesses first during the examination of witnesses, what relevant facts are accepted when witnesses are examined, what questions a lawyer may ask during cross-examination of witnesses, what questions cannot be asked during cross-examination, and specifically mentions the power of judges to question witnesses. Examination of witnesses can be divided into three types, as defined in section 137 of the Indian Evidence Act, 1872: The chapter illustrates the processes required for proper witness management during the investigation. These processes of witness identification, classification, credibility assessment and appropriate interviewing practices in the admission of witnesses are all elements of witness management that demonstrate the professional standards of a criminal investigator. Therefore, beware of anyone advertising for “experts” – because it is not their fault at all. Just because you`ve been granted expert status once doesn`t mean it`s granted next time.

In addition to determining whether a person is an eyewitness, corroborating witness, independent witness, competent witness or persuasive witness, any person who witnesses during an investigation must undergo a credibility assessment. Since information and evidence are gathered from each witness, it is the investigator`s responsibility to determine the level of confidence that can be attributed to each witness. This is called a witness credibility assessment. Sometimes people who are found as apparent witnesses to an event do not always provide accurate information about their identity. The reasons for this deception can range from actual involvement in the crime, to fear of retaliation by the suspect, to the simple desire not to interfere with the criminal justice system. Whatever the reason, it is essential for an investigator to verify the identity of each witness. This can best be done by inspecting valid photo identification or, in the absence of photo identification, establishing the witness` identity by other means, such as police records, confirmation of identity, or verification of identity by a credible third party. In addition to taking a statement, one of the most common forms of obtaining information from a witness is the practice of asking witnesses to identify a suspect by looking at photos or rows of photos. This type of ex-post identification of a suspect is examined when he is brought before the court. Strict protocols must be followed to prove that the process was conducted in a fair and impartial manner. Under no circumstances will an investigator present the witness with a single photo or suspect and ask if it is the suspect. In addition, an investigator must under no circumstances declare that the suspect is one of the people in the queue.

Expert status is really temporary, not a lifetime title. As a general rule, witnesses are only allowed to testify about what they have experienced first-hand. In most cases, they cannot testify to everything they have been told (hearsay). This restriction does not apply to expert witnesses, but they can only testify in their area of expertise. While these uncooperative witnesses may believe that they are not required to participate in the criminal justice system, it is entirely possible to summon an apparent witness to appear in court to be questioned about the criminal event they witnessed. If this witness refuses to answer the questions in court, the judge may find them contempt of court and convict them accordingly. That is, it rarely happens. Questioning a witness is not just a matter of hearing his or her side of the story. Many factors can play a role in determining a witness` credibility. After the initial on-the-ground questioning and once the event is under control, it is important to give the witness` official testimony as soon as possible. Testimonials should be given using the best technology available in the circumstances.

Where audio and/or video recording equipment is not available or its acquisition would result in an unreasonable delay in the testimony of witnesses, a written statement must be provided. Regardless of how testimony is recorded, the investigator`s goal should be to obtain the best, impartial and impartial version of events from a witness. In recent years, there has been a lot of talk about the reliability of eyewitness testimony. Not because the witness is deliberately lying, but because our memories are not perfect. Many things like personal bias, being distracted at the time of the crime, not seeing a queue until days or weeks after the incident, and much more could prevent someone from remembering the exact details. According to the InnocentProject.org, “false eyewitness identifications contributed to the overturning of approximately 69 percent of the more than 375 false convictions in the United States by post-conviction DNA evidence.” At the head of the line, a young man hands the bank employee a note with the note: “It`s a robbery. I have a gun. Put all the money in your cash register in an envelope and give it to me. Don`t press the alarm or I`ll shoot you.┬áThe bank employee is aware that a crime is in progress; But the two customers lining up behind the thief are just waiting for their turn. The customer standing right behind the thief suddenly notices that the cashier looks frightened and sees that she is putting the contents of her cash drawer in an envelope.

The third customer in line remains distraught and calls his wife about her shopping list.

Close Menu