An analysis of you are asked to witness
To do so can be the start of a slippery slope. When the witness is married to the accused. DIY litigants would seldom fall into that trap. This will not be a problem if you keep in mind that if you do put the words in the mouth of your witnesses, their evidence will not sound as persuasive as it would if they were left to give the account in their own words.
It may be necessary to give some witnesses time to regain their composure to provide information or evidence. In the first scenario, one witness is found at the scene of the crime when the police arrive.
The court may be able to help clarify matters as you go. An overlap of evidence and argument in the witness box is not a major problem.
But it is important that you draw attention to all the documentary evidence you wish to rely on and tell the court which parts you think are of any particular significance. This is because evidence from a witness who has not heard what another witness has said is likely to prove more persuasive than evidence from someone who has had an opportunity to tailor his evidence to fit what has gone before. Once you have established whether he agrees Y, or established what qualifications he wants of Y if X is true, you can go back and deal with X. In short, asking questions with two or more parts can lead to much waste of time, often over issues which are of no great significance. The next stage is that of challenging the reliability of the witness. However, the legislation only provides protection to the communication between spouses. It is important to keep in mind that the aim of questioning witnesses is to put evidence before the court which will either positively support your case or minimise the weight of material which is against you. The negative aspects of this strategy are that it can take a great deal of time, and a witness can sometimes become confused by the process and overloaded with the viewing of too many faces, causing an eventual loss of confidence in making a proper identification. It is worth adding that courts are often puzzled by examiners who move on without getting an answer to the specific question they asked. These circumstances relate to when the witness is an accused person or when the witness is the spouse of the accused. For estimating the age of a suspect, an investigator could ask the witness to point out other persons who are approximately the same age. If the person giving the information or evidence is assessed as being a credible witness, the investigator should consider that material and give it fair weight in forming reasonable grounds for belief.
A Compellable Witness Most of the people an investigator will encounter during their investigations will be considered compellable to testify. The public is entitled to be present throughout the hearing.
That means that it loses its value. A witness who states that they may not tell the truth is still competent to testify. You are not challenging his evidence but he might accept that your man is more of an expert on the particular topic. That approach needs no particular skill. If it was worth asking what the weather was like at the time, the witness should be pressed to answer the question. That said, in the first instance, at the scene of an event, it is important for the responding investigator to understand the special considerations that apply to this type of witness in consideration of their evidence. Other crimes, including murder, have also had the offender make the report as a witness to explain their presence at the crime scene and avoid being considered as a suspect. Some lawyers seem to think their task is to show that the opposing expert is either an idiot or a charlatan. Obviously, much depends on the nature of the evidence they are giving. To do this, an investigator should be attentive to questioning the report and the evidence presented to assess: Did the crime happen at the time being reported? The difference is that, in the case of an eyewitness, the additional evidence is a value that is added, while in the case of the corroborative witness, more evidence is required to support the conclusion of guilt beyond a reasonable doubt. But he might agree, for example, that the real issues in the case now appear to be outside his main area of expertise. If X is a point which is disputed in the written pleadings, that may be enough notice. In some cases, the dominant witness has a vested interest in having their version of the events stated their way, and the dominant influence towards the other witnesses is intentional and implicitly threatening in its tone.
Cognitive capacity and age of witness. These issues range from the way witness evidence is classified and validated to the way witnesses are assessed and evaluated to determine their ability to give evidence and the credibility of the evidence they give.
Witness meaning in tamil
However, it might, on occasion, be necessary to get into this area. Length of observation time. In other words, there is no point in simply having witnesses tell a court everything they know. In a situation that includes organized criminal groups, this fear is a genuine and understandable concern. On the 30th Anniversary of the importance of organized sports for kids the Death of Jorge Luis Borges My noble father, I do perceive here a divided duty. These are not rules. It will let you establish a mental framework to work from and to allow you to put the important questions clearly and in a sensible way. However, evidence can be presented as hearsay evidence or given on paper either by way of formal affidavit or even a simple signed statement. These may be details that they would not have previously known. This is not to say that these same items of additional evidence would not also be useful to corroborate the witness in the first scenario. That is a sound enough guide — although it only applies to evidence relating to contentious matters. Any hypothesis should be carefully framed and used consistently. Trying to qualify the evidence given to take some adverse weight off it. But we think it may be helpful to start by saying a little more about the idea of leading a witness.
This is where it is useful to have a friend to assist.
based on 42 review