Wisconsin Defendant's Witness List
Description
How to fill out Wisconsin Defendant's Witness List?
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FAQ
14. Section 34 of the 2003 Act inserted section 6C into the Criminal Procedure and Investigations Act 1996, requiring the defence to give the prosecutor and the court advance details ie name, address and date of birth of any witnesses they intend to call at a trial.
Yes, the defense can call a prosecution witness. Many times, a witness will have valuable things to say that the prosecution doesn't want to be heard. It's up to you to make sure to ask the right questions so that the person tells the entire story.
Here are partial examples of the kinds of information defendants routinely must disclose: Federal courts. Upon demand by the prosecutor, the defense must give written notice of intent to offer any alibi defense and reveal the names, addresses, and telephone numbers of the alibi witnesses.
If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. (Defendants in civil cases may, however, be forced to testify as a witness in a civil case.
The rule says that one witness is enough to convict, if the jury believes that witness. It's not a game of measuring how much there is, only whether the evidence itself is believed beyond a reasonable doubt. People have been convicted of crimes on the testimony of a single witness without any physical evidence.
In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending. Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.
Lerman notes that the American Law Institute's Restatement of the Law Governing Lawyers makes no distinction between physical and documentary evidence. Likewise, ABA Model Rule 3.4 states that a lawyer may not unlawfully alter, destroy or conceal a document or other material having potential evidentiary value.
Upon demand, the district attorney shall, within a reasonable time before trial, disclose to the defendant or his or her attorney and permit the defendant or his or her attorney to inspect and copy or photograph all of the following materials and information, if it is within the possession, custody or control of the