What is a 609 motion?
The Senate amendment provides that a witness’ credibility may be attacked if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (2) involves dishonesty or false statement, regardless of the punishment.
What is SC Rule 5?
Rule 5 is the language of Criminal Practice Rule 8. Section (a)(3) has been added to establish time limits for disclosure by the State, and Section (f) has been amended to provide for notification when a defendant intends to enter a plea of guilty but mentally ill.
What happens to evidence when a witness is impeached?
If a judge decides to impeach a witness, then the testimony made by that witness is no longer considered credible or admissible in court proceedings.
Who may impeach a witness?
Revised Rule 32(a)(1) of the Federal Rules of Civil Procedure allows any party to impeach a witness by means of his deposition, and Rule 43(b) has allowed the calling and impeachment of an adverse party or person identified with him.
What is the Wharton rule?
Wharton’s Rule teaches that where the substantive crime itself is aimed at the evils traditionally addressed by the law of conspiracy, separability should not be found unless the clearest legislative statement demands it.
Who is competent to be a witness at trial?
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.
What is Brady motion in SC?
A Brady motion is a defendant’s request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial.
Can a witness say they don’t remember?
Lawyers may also tell witnesses that if they don’t remember certain events, they can simply say “I don’t recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don’t recall” to avoid truthfully answering questions.
What can discredit a witness?
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.
What is a biased witness?
When the expert witness does the same, he or she is considered biased. If the evidence or opinions are not helpful or persuasive to the judge or jury, they are given less weight than usual. However, when the expert has become swayed by evidence, injury or the defending party, he or she may be disqualified in the case.
Can you impeach a dead witness?
When hearsay is introduced against a party, that party may impeach the Declarant using any techniques that could be used against a witness who testifies live in court. Proof of bias in any form can be introduced to show that the declarant may have had a motive to shade his or her statements in a particular direction.