Witness Competency Guidelines and Rules in Legal Proceedings
Witness competency in court proceedings is crucial for the administration of justice. Modern views and historical practices shape the rules governing witness competency, covering aspects such as firsthand knowledge, oath requirements, refusal to be cross-examined, and handling of hypnotized witnesses. Understanding these guidelines is essential for fair and effective legal processes.
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CHAP. 6: COMPETENCY OF WITNESSES Prof. JANICKE 2021
MODERN VIEW ASSIGNED: R 601; R 602 NEARLY EVERYONE IS COMPETENT, IF THEY HAVE 1ST- HAND KNOWLEDGE OF SOMETHING RELEVANT TO THE CASE 2021 Chap. 6: Witness Competency 2
COUNTERWEIGHTS AGAIN MINIMALLY COMPETENT WITNESS CAN BE KEPT OUT IF UNFAIRLY PREJUDICIAL, OR CONFUSING TO THE JURY, per RULE 403 THIS IS OFTEN DONE RATHER THAN HOLDING THAT WIT. IS PER SE INCOMPETENT 2021 Chap. 6: Witness Competency 3
OATH REQUIREMENT HAS CHANGED OVER THE CENTURIES SOME EXPRESSION OF DUTY AND COMMITMENT TO TELL THE TRUTH ARE REQUIRED 2021 Chap. 6: Witness Competency 4
SUBMISSION TO CROSS-EXAM WITNESS WHO AT BEGINNING OF TESTIMONY INDICATES A REFUSAL TO BE CROSS-EXAMINED : WILL BE RULED INCOMPETENT IF THE NON-CALLING PARTY SO MOVES 2021 Chap. 6: Witness Competency 5
WITNESS WHO REFUSES CROSS AFTER GIVING DIRECT TESTIMONY: WILL HAVE HIS DIRECT STRICKEN 2021 Chap. 6: Witness Competency 6
WITNESS WHO STOPS ANSWERING DURING CROSS: WILL HAVE ALL HIS TESTIMONY STRICKEN; 2021 Chap. 6: Witness Competency 7
PROBLEMS/CASES Lightly Fowler Ricketts 2021 Chap. 6: Witness Competency 8
HYPNOTIZED WITNESSES A CURRENTLY HYPNOTIZED WITNESS IS NOT COMPETENT [WHY SHOULD THAT BE??] COURTS ARE WARY EVEN OF HYPNOTIC REFRESHMENT OF MEMORY, i.e., WHERE WITNESS IS NOT NOW HYPNOTIZED BUT HYPNOTICALLY REFRESHED WITNESS FOR D. CAN T BE SUMMARILY KEPT OUT 2021 Chap. 6: Witness Competency 9
DEAD MANS STATUTES COMMON LAW: ALL WITNESSES WERE INCOMPETENT TO TESTIFY TO A CONVERSATION WITH A NOW-DECEASED PERSON 2021 Chap. 6: Witness Competency 10
MOST STATES HAVE SOME VESTIGE OF THE RULE LEFT TEXAS (RULE 601, ASSIGNED): IF AN ESTATE IS A PARTY, NO PARTY CAN TESTIFY TO A CONVERSATION WITH DECEASED UNLESS CORROBORATED OR ELICITED BY AN OPPONENT OF THAT PARTY 2021 Chap. 6: Witness Competency 11
SAME RULE FOR GUARDIAN AS A PARTY NO TESTIMONY BY OPPOSING PARTIES ABOUT CONVERSATIONS WITH THE WARD (SAME EXCEPTIONS) 2021 Chap. 6: Witness Competency 12
THE HEARSAY RULE STILL NEEDS TO BE DEALT WITH, OR THE CONVERSATION WILL BE KEPT OUT ON THAT GROUND (MORE LATER) 2021 Chap. 6: Witness Competency 13
LAWYER AS WITNESS LAWYER IS A COMPETENT WITNESS, BUT: AN ETHICS RULE PROHIBITS AN ADVOCATING LAWYER FROM TESTIFYING ON ANYTHING OTHER THAN FORMALITIES COURTS ENFORCE THIS ETHICS RULE STRONGLY, WITH EXCEPTION FOR CLIENT HARDSHIP 2021 Chap. 6: Witness Competency 14 >>
EFFECT SHE MUST WITHDRAW AS THE SPEAKING ADVOCATE NOT DISQUALIFIED FROM STILL WORKING ON THE CASE 2021 Chap. 6: Witness Competency 15
JUDGE AS WITNESS R. 605 (assigned) 2021 Chap. 6: Witness Competency 16
JURORS AS WITNESSES assigned RULE 606 2021 Chap. 6: Witness Competency 17
JURORS AS WITNESSES CAN NEVER TESTIFY IN PRESENCE OF THE OTHER JURORS 2021 Chap. 6: Witness Competency 18
JUROR TESTIFYING TO THE JUDGE AND COUNSEL: ABOUT IMPROPER JUROR CONDUCT OR IMPROPER INFLUENCES IS LIMITED 2021 Chap. 6: Witness Competency 19
JUROR TESTIFYING: RULE 606 CAN BE BY LIVE TESTIMONY CAN BE BY AFFIDAVIT TESTIMONY NEITHER IS RESTRICTED PRE- VERDICT USUALLY HANDLED LIVE IN CAMERA; USUALLY IS ABOUT MISCONDUCT 2021 Chap. 6: Witness Competency 20
BOTH ARE HEAVILY RESTRICTED POST-VERDICT IS ALLOWED ONLY WHERE TESTIMONY IS ABOUT: 1. OUTSIDE INFLUENCE (BY PERSONS, e.g., THREATS or BRIBES) or 2. EXTRANEOUS PREJUDICIAL INFO (BY THINGS, e.g., NEWSPAPER ACCOUNTS) or 3. MISTAKE IN ENTERING VERDICT ONTO THE FORM 2021 Chap. 6: Witness Competency 21
ATROCIOUS MISCONDUCT: EVEN IN THE 3 NARROW INSTANCES, THE POST-VERDICT JUROR TESTIMONY CANNOT RECITE IMPACT ON JURORS MINDS 2021 Chap. 6: Witness Competency 22
NOTE ABOUT ERROR IN ENTERING VERDICT ON FORM ONLY DEALS WITH PUTTING THE VERDICT ONTO PAPER DOES NOT ALLOW TESTIMONY ON ATROCIOUS, FORBIDDEN METHODS OF ARRIVING AT THE VERDICT! 2021 Chap. 6: Witness Competency 23
AID FOR RECALLING THE RULE PICTURE A CIRCLE AROUND THE JURORS IN THE JURY ROOM ANY IMPROPRIETY TESTIMONY, TO THE JUDGE, GIVEN PRE-VERDICT IS ADMISSIBLE AFTER VERDICT, EVIDENCE ABOUT IMPROPER PEOPLE OR THINGS COMING FROM OUTSIDE INTO THE ROOM IS O.K. BUT EVIDENCE OF WHAT TRANSPIRED WITHIN THE JURY CIRCLE IS NOT ALLOWED, NO MATTER HOW BAD! 2021 Chap. 6: Witness Competency 24
EXAMPLES 2021 Chap. 6: Witness Competency 25
NET RESULT THE WORST JURY MISCONDUCT IS LEFT HIDDEN EVEN DISOBEYING THE JUDGE S INSTRUCTIONS: STAYS SECRET SOME CASE LAW ON RIGHT TO A FAIR TRIAL IS SLOWLY BUILDING AGAINST THIS RULE 2021 Chap. 6: Witness Competency 26
PROBLEMS/CASES 6A Tanner 6B 6D 6E 2021 Chap. 6: Witness Competency 27
PERSONAL KNOWLEDGE REQUIREMENT assigned: RULE 602 2021 Chap. 6: Witness Competency 28
PERSONAL KNOWLEDGE REQUIREMENT OF RULE 602 WHAT DOES IT MEAN? OBSERVED BY THE SENSES NOT PROCESSED TOO MUCH WHAT DOES IT EXCLUDE? MENTAL STATE OF ANOTHER PERSON THINGS LEARNED BY HEARSAY >>> 2021 Chap. 6: Witness Competency 29
WHAT DO YOU REALLY KNOW FIRST-HAND? NOT MUCH! 2021 Chap. 6: Witness Competency 30
THIS DEFICIENCY IS OFTEN WAIVED BY NON-OBJECTION FOR CONVENIENCE IN UNIMPORTANT, NON-CONTROVERSIAL SITUATIONS BUT IT IS ENFORCED IF THE ISSUE IS IMPORTANT TO THE CASE e.g., AGE, IN STATUTORY RAPE CASE 2021 Chap. 6: Witness Competency 31
