NCJ Number
84338
Date Published
Unknown
Length
0 pages
Annotation
The lecturer discusses the concepts of competence, relevance, and materiality under the laws of evidence; delineates the types of evidence; and describes the judge's and jury's criteria for determining live witnesses' competence and credibility, respectively.
Abstract
The laws of evidence shape how trial lawyers develop their model of representation of past events in court. Evidence must be eligible for presentation in court (competence), be likely to prove what it is submitted to prove (relevance), and be related to the case (materiality). The materials of evidence may be 'viva voce' (live witness), documentary, real, or demonstrative. Of these, viva voce evidence is the most problematic, particularly with respect to live witnesses' competence and credibility. Certain witnesses, such as judges and spouses, are ineligible to testify due to status. The court determines the competence of all others according to whether they understand the oath, perceive and recollect the event to which they bear witness, and are capable of rationally communicating their testimony. The jury determines the witnesses' credibility based on the attorneys' direct and cross-examinations. The rules of direct examination prohibit leading questions except when the topics raised are inconsequential or uncontested; the topic changes; or the witnesses are hostile, reluctant, adversarial, or are unable to communicate.