Podcast
Questions and Answers
In which scenario are legally married individuals compelled to testify against their spouse?
In which scenario are legally married individuals compelled to testify against their spouse?
- In cases involving corporate fraud where one spouse is a key witness.
- Only in domestic violence or assault cases. (correct)
- In all criminal cases where one spouse has direct knowledge of the other's actions.
- In cases of treason or espionage against the state.
What legal recourse is available if a subpoenaed witness fails to appear in court?
What legal recourse is available if a subpoenaed witness fails to appear in court?
- A judge will issue an expulsion of rights.
- The court will automatically drop the case due to lack of cooperation.
- The judge will issue a warning letter to the witness.
- A judge will issue an arrest warrant for the witness. (correct)
What is a critical distinction regarding the admissibility of polygraph tests and statements made during such tests in court?
What is a critical distinction regarding the admissibility of polygraph tests and statements made during such tests in court?
- Polygraph results are admissible, but statements are not, to protect the individual's rights.
- Both polygraph results and statements made during the test are fully admissible as evidence.
- Neither the polygraph results nor statements made during the test can be used in court under any circumstances.
- Polygraph results are inadmissible, but statements made during the testing can be used in court. (correct)
In the context of law, what is the significance of proving a case 'beyond a reasonable doubt?'
In the context of law, what is the significance of proving a case 'beyond a reasonable doubt?'
What specific criteria must a judge assess when a 12-year-old is called to testify in court?
What specific criteria must a judge assess when a 12-year-old is called to testify in court?
Flashcards
Eyeball witness
Eyeball witness
A witness brought to identify a suspect in person.
Compellable witness
Compellable witness
A person with no lawful excuse not to testify.
Subpoena
Subpoena
A legal order for a witness to attend court.
Hearsay evidence
Hearsay evidence
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Polygraph
Polygraph
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Study Notes
Legal Procedures and Witness Testimony
- Marital Privilege: Legally married couples are not required to testify against each other, except in domestic violence or assault cases.
Eyewitness Testimony
- Eyeball Witness: A witness taken to a location to identify a suspect.
Detention and Arrest
- Detention: Suspension of a person's liberty through physical or psychological restraint.
- Arrest: Seizure or physical contact by law enforcement for the purpose of detention.
- Lawful Arrest Procedures: Four duties for a lawful arrest:
- Physical control
- Clear reason for the arrest
- Rights to legal counsel explained
- Cautionary statement before questioning.
Age and Witness Competence
- Young Person: Defined as someone over 12 but under 18.
- Standard of Proof: The Crown (prosecution) must prove a case beyond a reasonable doubt.
- Witness Subpoena: Compulsory legal process to bring witnesses to court.
- Contempt of Court: Failure to comply with a subpoena results in an arrest warrant.
- Witness Competence: Individuals 14 and older are presumed competent to testify.
- Assessment of Young Witness Competence: A judge must assess a 12-year-old's ability to truthfully testify through questions.
- Compellable Witness: A witness with no legitimate excuse to not testify.
Confidential Informants and Agents
- Confidential Informant (CI): A source providing information to law enforcement in exchange for secrecy.
- Agents: Individuals directed by law enforcement to gather information from others.
- CI Motives: CIs often receive payment or other incentives.
Witness Testimony Guidelines
- Reading Statements: A witness cannot read their statement while testifying in court.
- Hearsay Evidence: Third-party information (what someone else said) is inadmissible in court.
- Polygraph Tests:
- Polygraphs measure physiological responses (heart rate, respiration, blood pressure, and perspiration).
- Polygraph results are inadmissible in court.
- Statements made during the test may be admissible.
- Voluntary polygraph testing allows a person to leave at any time.
Interviewing Techniques
- Hypnosis: A technique used in interviews to potentially retrieve information.
- Right to Counsel: If a suspect exercises their right to an attorney, questioning may continue.
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Description
Explore legal procedures related to witness testimony, including marital privilege and eyewitness identification. Understand the lawful arrest procedures and the rights afforded to individuals. Covers detention, arrest, and witness competence.
