Chapter 5 Homework
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School
Suffolk County Community College *
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Course
107
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by PresidentResolveMagpie3
Matthew Pereira
Rachel Schmidt
CRJ 107 October 6, 2023
1.
Define a subpoena and a subpoena duces tecum
.
A subpoena is a court order that requires someone to appear in court or to provide documents and evidence. A subpoena duces tecum is a particular subpoena that demands the production of papers, records, or physical objects for inspection in a court
action.
2.
Explain the difference(s) between a lay witness and an expert witness. A lay witness is someone who offers testimony in a court case based on their own knowledge or observations of the relevant facts. They provide factual data and judgments based on general rather than expert knowledge. On the other hand, a trained
individual with specialized knowledge, abilities, or experience in a certain sector pertinent to the case qualifies as an expert witness. They give the court comments and analysis based on their knowledge, supporting it in comprehending difficult technical or scientific issues. The main difference between lay and expert witnesses is in the basis for their testimony, lay witnesses rely on firsthand information, whereas expert witnesses use their specific knowledge to offer well-informed conclusions.
3.
What two rights in the Constitution guarantee that an accused person may call witnesses on their behalf? In what Constitutional Amendment are these rights found?
The Fifth Amendment, which indirectly supports this right by ensuring due process, and the Sixth Amendment, which guarantees an accused person's right to call witnesses
in their favor and confront witnesses against them, are the two rights guaranteed by the
Constitution that ensure that an accused person may call witnesses on their behalf. The
U.S. Constitution acknowledges both rights.
4.
Explain when a lay witness may provide opinion testimony, and list three examples where it is appropriate for the lay witness to do so.
Lay witnesses may give opinion testimony if their ideas are founded on their own impressions and aid the investigator in comprehending the case. This is often permitted
in circumstances where the witness has specialized knowledge or expertise above and beyond that of the average person, and their viewpoint helps to clarify the pertinent problems. A lay witness may express an opinion regarding, for instance, a person's conduct, a vehicle's speed, or a person's emotional state based on their personal observations.
5.
Give examples of when an expert witness would be used at trial. What are the three foundational requirements for the expert to be qualified to do so? (in other words, what
must be demonstrated in court to qualify the witness as an expert witness?)
Trials often use expert witnesses to shed light on complicated matters like financial fraud or medical misconduct. They need to be able to prove three fundamental conditions to be accepted as an expert witness. For example, qualifications in which the expert must hold the necessary degrees, licenses, or other credentials, reliability, in which they must base their evidence on tried-and-true techniques and ideas that are widely acknowledged in their industry and relevance which the expert testimony should be directly relevant to comprehending the case or assessing the evidence.
6.
WHO determines if the witness is qualified to be an expert in the case? The judge presiding over a court case decides whether a witness is an expert or not. A voir dire hearing is required for this judgment, during which the court evaluates the witness's level of knowledge in light of things like their training and experience. During this process, the witness may be questioned by both parties. The judge's ruling guarantees that only people with legitimate competence in a particular field are permitted to offer expert testimony in court. Legal requirements may apply, and there can be regional variations in the requirements for expert witnesses. If the parties think the judge made the wrong decision, they can appeal it.
7.
What does it mean to refresh a witnesses recollection? Refreshing a witness's memory refers to the legal procedure of assisting a witness in recalling particular facts or occurrences associated with a case. This may entail displaying records or images to the witness or posing leading questions in an effort to bring back their memories. To make sure that the testimony offered in court is as precise and comprehensive as possible, this is done. It is essential for a complete and fair presentation of the evidence in court.
8.
On page 151 under "Workplace Applications" questions #2 - After 15 years in the narcotics division and hundreds of drug arrests and court appearances, the head of the division thinks you are ready to qualify as a drug detection expert. List the factors that
would qualify you as an expert. (In other words, what would the prosecutor elicit during your direct examination in court to lay the foundation for you to be qualified to be an expert witness in drug detection?) The prosecutor would establish your skill and credibility by gathering crucial details during your direct examination to qualify you as an expert witness in drug detection. These factors include your training, education, and work experience in the narcotics division, as well as your extensive case history and professional accomplishments, in-
depth knowledge of drug classes, familiarity with tools and techniques, prior testimony
experience, dedication to continuing education and adherence to protocols, pertinent certifications and memberships, any research or publications in the field, peer recognition, and your level of cross-examination readiness. These components show you to be a qualified expert in drug detection, which enables the court to accept your testimony in drug-related situations.
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