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Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standard ...
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Bias
Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, or a belief. In science and engineering, a bias is a systematic error. Statistical bias results from an unfair sampling of a population, or from an estimation process that does not give accurate results on average. Etymology The word appears to derive from Old Provençal into Old French ''biais'', "sideways, askance, against the grain". Whence comes French ''biais'', "a slant, a slope, an oblique". It seems to have entered English via the game of bowls, where it referred to balls made with a greater weight on one side. Which expanded to the figurative use, "a one-sided tendency of the mind", and, at first especially in law, "undue propensity or prejudice". Types of bias Cognitive biases A cognitive bias is a repeating or basic mi ...
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Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US ...
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Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamatio ...
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California Proposition 8 (June 1982)
Proposition 8 (or The Victims' Bill of Rights), a law enacted by California voters on 8 June 1982 by the initiative process, restricted the rights of convicts and those suspected of crimes and extended the rights of victims. To do so, it amended the California Constitution and ordinary statutes. Provisions The Victims' Bill of Rights declared its purpose as to ensure that: Amendment of the constitution The Victim's Bill of Rights added Section 28 to Article 1 of the constitution. This section has since been substantially added to and amended by Marsy's Law, enacted in 2008. Section 28 granted victims of crime the right to restitution from the perpetrator unless there were "compelling and extraordinary reasons" to the contrary. It also conferred a right to school safety; it reads "All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful". Section 28 introduced a "r ...
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Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than o ...
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Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other conseq ...
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Prior Consistent Statements And Prior Inconsistent Statements
Prior consistent statements and prior inconsistent statements, in the law of evidence, occur where a witness, testifying at trial, makes a statement that is either consistent or inconsistent, respectively, with a previous statement given at an earlier time such as during a discovery, interview, or interrogation. The examiner can impeach the witness when an inconsistent statement is found, and may conversely bolster the credibility of an impeached witness with a prior consistent statement. Impeachment with a prior inconsistent statement Before the witness can be impeached the examiner must have extrinsic evidence of the prior statement. The examiner must also provide the witness with the opportunity to adopt or reject the previous statement. In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness. However, under Fede ...
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Hearsay In United States Law
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as:A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)).The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b)). The Federal Rules define a "statement" as "a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion." (F.R.E. 801(a)). The Supreme Court has further clarified that a "statement" refers to "a single declaration or remark, rather than a report or narrative." Thus, ...
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Lay A Foundation
In common law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Material evidence is important evidence that may serve to determine the outcome of a case. Exhibits include real evidence, illustrative evidence, demonstrative evidence, and documentary evidence. The type of preliminary evidence necessary to lay the proper foundation depends on the form and type of material evidence offered. The lack of foundation is a valid objection that an adverse party may raise during trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun .... Evidence law Evidence law legal terminology {{law-term-stub ...
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Mnemonic
A mnemonic ( ) device, or memory device, is any learning technique that aids information retention or retrieval (remembering) in the human memory for better understanding. Mnemonics make use of elaborative encoding, retrieval cues, and imagery as specific tools to encode information in a way that allows for efficient storage and retrieval. Mnemonics aid original information in becoming associated with something more accessible or meaningful—which, in turn, provides better retention of the information. Commonly encountered mnemonics are often used for lists and in auditory form, such as short poems, acronyms, initialisms, or memorable phrases, but mnemonics can also be used for other types of information and in visual or kinesthetic forms. Their use is based on the observation that the human mind more easily remembers spatial, personal, surprising, physical, sexual, humorous, or otherwise "relatable" information, rather than more abstract or impersonal forms of informatio ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five major unincorporated territories, nine United States Minor Outlying Islands, Minor Outlying Islands, and 326 Indian reservations. The United States is also in Compact of Free Association, free association with three Oceania, Pacific Island Sovereign state, sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Palau, Republic of Palau. It is the world's List of countries and dependencies by area, third-largest country by both land and total area. It shares land borders Canada–United States border, with Canada to its north and Mexico–United States border, with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 m ...
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