Indiana Defendant as Witness

State:
Multi-State
Control #:
US-00880
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction asks the jury to find whether or not the Defendant is competent to testify as a witness.

How to fill out Defendant As Witness?

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FAQ

Simply put, a defendant can be a witness in their own criminal case. If you have been charged with a crime, you have the right to testify on your own behalf, and to raise your own defense. However, most criminal defendants don't testify in their criminal trials.

4(B) provides that [ilf any defendant held in jail on an indictment or an affidavit shall move for an early trial, he shall be discharged if not brought to trial within fifty [501 judicial days from the date of such motion, except where a continuance within said period is had on his motion, or the delay is otherwise ...

Character evidence is not admissible to prove conduct in civil cases. For example, a defendant cannot offer the testimony of friends (or her own testimony) that she is usually a very careful driver as circumstantial evidence she was probably driving carefully and not negligently on the day of an accident.

Rule 702 - Testimony by Expert Witnesses (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or ...

Evidence of the conviction is admissible only if: (1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and (2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its ...

(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

Rule 404(b) of the Federal Rules of Evidence makes inadmissible most character evidence regarding crimes or acts for which no charges were filed, but this rule should not be used to eliminate evidence of criminal activity committed by the defendant at the same time as the crime charged, as a predicate to the crime ...

(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

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Indiana Defendant as Witness