CJ 310 - Chapters 5 and 6

Only ____ federal court and ____ state appellate court have recognized some type of parent-child privilege in the absence of a statute creating the privilege

1 1

If the courts orders the identity of an information, two options are available:

1. Drop the criminal charge 2. Disclose the identity of the information

3 Ways to Encourage a Witness to Tell the Truth

1. Must take an oath 2. Must be personally present 3. Subject to cross-examination

3 Ways to Determine the Credibility of a Witness:

1. Perception 2. Memory 3. Narration

In order to be a witness, a person must satisfy 3 things:

1. Personal knowledge 2. Declare the testimony to be truthful 3. Competent

3 Problems with Hypnotized Testimony

1. Subject becomes suggestible 2. Subject is confabulated 3. Subject has confidence in false memories

3 Types of Objections

1. Substance of the question 2. Form of the question 3. Objections to the answer

5 Factors of the Daubert Test

1. Testing history 2. Peer review 3. Known error rate 4. Operational standards 5. Acceptance within the scientific community

The reliability of an eyewitness identification depends on 5 factors:

1. The opportunity of the wintess to view the actor during the event 2. The witness's degree of attention to the actor at the time of the event 3. The witness's capacity to observe the event 4. Whether the witness's identification was made spontaneously 5. The nature of the event being observed

The functions of impeachment:

1. To attack witness's credibility 2. To attack the testimony given 3. To reveal any bias or prejudices

The purposes of redirect examination

1. To restore the credibility of a witness who has been impeached 2. To restore the credibility of a witness by pointing our prior consistent statements

The 3 Purposes of Cross-Examination

1. To test the believability of a witness and their truth 2. To bring out facts 3. To impeach the witness

About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions

2/3

_____ states have adopted a parent-child testimonial privilege, though they differ in scope and application

3

The amendment that provides "in all criminal prosecutions, the accused shall enjoy the right to have compulsory process for obtaining witnesses in his favor"

6th

The oldest of the privileges for confidential communications known to the common law

Attorney-Client Privilege

Most court limit police officers expert testimony to matters "___________" (understanding( of the average person

Beyond the Ken

The US Congress enacted the ____________ which recognizes the power of the executive branch of the federal government to determine whether classified information should be disclosed in criminal or civil trials

Classified Information Procedures Act

The 5th Amendment protection against self-incrimination becomes applicable when a person's statement or communication is ________, __________, _______, or __________

Compelled Testimonial Self-Incriminating Any Criminal Case

The informant's privilege is not an absolute privilege and must give way when there is a ____________________ to protect the rights of the accused

Compelling need

The fitness or ability of an individual to participate in legal proceedings

Competency

The ________ may interrogate witnesses, whether called by itself or by a party

Court

The exception made to attorney-client privilege when a client consults with an attorney for the purpose of committing a future crime such as perjury

Crime-Fraud Exception

When a witness is re-examined by the opposing attorney following the direct examination of the witness

Cross-Examination

Has been considered to be one of the safeguards of the accuracy and completeness of testimony by a witness

Cross-Examination (The Confrontation Clause)

Questioning of a witness by the lawyer who subpoenaed the witness

Direct Exmination

Under the "__________" rule, once a psychotherapist discovers that a patient poses a serious threat to a third person, the psychotherapist must exervise reasonable efforts to protect that person

Duty to Protect ("Dangerous Patient")

Court Case: The demeanor of a witness should be considered when evaluating a testimony

Dyer v. MacDougall

Only _______ type of witnesses may testify with their opinoins or conclusions

Expert

When children testify as victims in criminal trials, particularly in sexual offenses, a defendant sometimes challenges the child's competency to testify based on a theory called "_______"

False Memory (Taint)

Unless a state has a statute creating the privilege, news rpoerters have no general absolute ___________ privilege and right not to reveal sources of news articles when ordered by a court

First Amendment

The first witness to appear in criminal cases often are __________ called by the prosecutor to support the state's case

Government Witnesses

The federal government and some states use __________ to criminally indict, or charge, persons

Grand Juries

The mandate that persons serving on grand juries will not disclose matters occuring before the grand jury on which they serve

Grand Jury Secrecy Requirements

May be accomplished by cross-examination and also by the introduction of other evidence. It is the calling into question the truth or accuracy of direct testimony by cross-examination

Impeachment

Holds that the fact-finding body will give no weigh to witness statements that are in herently incredible, unbelievable, and contrary to physical facts, known physical laws, general knowledge, or human experience

Incontrovertible Physical Facts Rule

Persons who provide information to law officers

Informants

The doctrine that evidence of well-accepted facts may be introduced in court without proof

Judicial Notice

The oldest application of the doctrine of judicial notice

Judicial notice of matters generally known within the community or state

All courta agree that it is the exclusive function of the __________ to evaluate the credibility of a witness and their testimony

Jury

The sole judge of the credibility of all witnesses, including the defendant if he or she takes the witness stand

Jury

Witnesses who do not tell the truth run the risk of being charged with ________ or _________

Jury Contempt of Court

Main purpose of the judicial notice

Main purpose is to save time and effort

Evidence is __________ if it will affect the result of a trial Evidence is _______ if it has a tendency to make a material fact more or less probable

Material Relevant

Common law did not generally recognize a journalist privilege, but MOST/FEW states have enacted a new reporter shiled law or have established protections for news reporters

Most

MOST/FEW states presume a child witness to competent

Most

A privilege that does not exist in common law, created by statutes in many states

News Reporter's Privilege

Formal statements made by attorney's during rials, objecting to the form or substance of a questions or to the answer given by a witness to a question

Objections

The exception to the marital privilege if a husband and wife commit a crime together

Partner-in-crime Exception

The burden of proof is on the _______________ to prove a witness incompetent

Party contending the witness (the jury is the ultimate decider)

Adults are presumed to be competent. To challenge competency, it must be based on the witness's inability to "_____________________" the circumstances or inability to understand the duty to tell the truth

Perceive, remember, or narrate"

The privilege created, not by common law, but by state law for state courts; belongs to the patient and may be waived by the patient

Physician-Patient Privilege

A benefit or right enjoyed by a person

Privilege

A privilege created by statute in many states

Psychotherapist-patient privilege

The ___________ method is used in American courtrooms so that the opposing lawyer may object to the question before the answer is in evidence

Question-and-Answer

All evidence admitted in court must be _______, _________, and ________

Relevant Material Competent

TRUE/FALSE The court has held that the psychotherapist=patient privilege was not available where the patient was charged with ____________

Sexual Abuse

The privilege for counselors of victims of sexual assault and crimes of violence; also applies to records and testimony by counselors without the consistent of the victim or patient

Sexual Assault Counselor's Privilege

Court Case: Absolute "face-to-face" was not required where satifastory reasons existed for more limited confrontation

State v. Hernandez

An order compelling a person to appear as a witness

Subpoena

A subpoena that not only requires the appearance of a witness but also requires the witness to bring relevant and competent

Subpoena Duces Tecum

The implantation of false memories or the distortion of real memries caused by interview techniques of law enforcment

Taint

Moreover, as with other privileges, aeven if a parent-child privilege is recognized, it is limited to ________________

The testimony in judicial proceedings

If a young child is called to be a witness, the _________ first questions the child to determine whether the child was competent

Trial Judge

TRUE/FALSE: A clergyperson does not have to be engaged in full time profession work, but the definition are not so broad as to include all self-dominated ministers

True

TRUE/FALSE: Consulting with an attorney for non-legal services has been held not to fall within the privilege

True

TRUE/FALSE: Defendants have a right to testify on their own behalf

True

TRUE/FALSE: It has been held that courts should not take judicial notice of facts that are an element of the crime charged or serve as the basis for increased prison sentences

True

TRUE/FALSE: Most courts hold that an attorney has a legal and ethical obligation to deliver physical evidence of a crime to the police

True

TRUE/FALSE: News people and other media representatives frequently contend that they need to rely on government amployees as sources for information about things like fraud and corruption in federal, state, and local governments

True

TRUE/FALSE: The age of a child witness is important, but not determinative

True

The preliminary examination of a prospective juror or certain witnesses, such as an expert or a child witness, to determine qualifications

Voir Dire

Occurs when the credibility of a witness is enhanced or detracted by statements made by other witnesses, or by comments made by an attorney

Vouching

A person who appears and tesifies under oath or affirmation before civil and criminal courts and other hearings

Witness