Jury Instruction - 3 Credibility Of Witnesses
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FAQ
A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed. A competent witness must also be able to understand and appreciate the nature and obligation of an oath.A witness is generally presumed by the court to be competent.
There is no mandatory requirement that the witness have to testify his good standing in the community, reputation for trustworthiness and reliableness, honesty and uprightness in order that his testimony may be believed and accepted by the trial court.
So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.
A lay witness the most common type is a person who watched certain events and describes what they saw. An expert witness is a specialist someone who is educated in a certain area. A character witness is someone who knew the victim, the defendant, or other people involved in the case.
In the United States, such a witness is "more than likely to be true based on his/her experience, knowledge, training and appearance of honesty and forthrightness...." Some factors for determining the credibility of testimony in U.S. courts include: (1) the witness had personal knowledge, (2) he or she was actually
Prior inconsistent statements/conduct. Character evidence. Case-specific impeachment. Consider when to impeach.
He must, with understanding, take the oath or a substitute. Evid. He must have personal knowledge about the subject of his testimony. He must remember what he perceived. He must be able to communicate what he perceived.
Child witnesses As per Section 118 of the Evidence Act, any person is competent to be a witness unless the Court thinks that he cannot answer the questions being put to him. Furthermore, a child can be easily framed to answer the questions. The factor of age is a reasonable restriction on this.