The testimony of deaf and dumb witnesses can by relied upon by courts as they are competent and signs and gestures are admissible piece of evidence, the Supreme Court today ruled.
- A person is disqualified to testify as a witness when the court determines that the person is (1) incapable of expressing himself or herself concerning the matter as to be understood, either directly or through interpretation by one who can understand him or her, or (2) incapable of understanding the duty of a ...
A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.
Just about everybody can be called to testify. But there are some exceptions. For example, some people don't have the ability to testify, or they might need special help to testify. To testify in a court case, a person must be able to explain what he knows, understand the lawyers' questions and answer them.
From the above judgment of the Hon'ble Supreme Court, now the legal position is clear that in India, when the witness is asked to answer a question, if the question is relevant to the matters in issue, he has no privilege to refuse to answer. In other words, there is legal compulsion to answer.
An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.
Being called as a witness in court can be stressful. People who have seen courtroom dramas on television and in the movies fear that the opposing lawyer will trip them up, twist their words, or make them look foolish.
Witness cannot be added as an accused even if his statements are inculpatory : Supreme Court [Read the Judgment]
Based on their prior experiences and beliefs, they may believe that they remembered something that did not actually happen, or they may incorrectly identify a suspect based on prejudices about race or other factors.
The most common way to prove a witness's testimony is false is through a deposition, which is an interview under oath, usually conducted by attorneys. Depositions are rare in family court proceedings.
Therefore, parties who are signatories to one document should not witness the signature of another person on a connected document, even if they are not a signatory to that document. The employee, agent or director of a party may witness the signature of another party to an agreement.
Lack of legal ability to do something, especially to testify or stand trial. Also known as "incompetency." May be caused by various types of disqualification, inability, or unfitness. Someone who is judged incompetent by means of a formal hearing may have a guardian appointed by the court.
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.
Definition of Competency
A person is not competent to give evidence in criminal proceedings if it appears to the Court that they are unable to understand questions put to them as a witness and give answers to them which can be understood [Section 53(3) of the YJCEA 1999].
Do Not Discuss Your Testimony. After a witness has testified in court, (s)he should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.
While you can testify on your own behalf, this largely depends on how complicated your case is. This decision will also depend on how prepared you are to take the stand. That is why you are advised to seek an LA criminal lawyer's help before making that decision.
As a general rule, a court can force you to testify after sending you a subpoena informing you what testimony they need.
Speak slowly and clearly. There is nothing more unpleasant to a court, jury and lawyers than to have a witness who refuses to speak slowly and clearly enough to be understood and heard.
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.
You can wear either a pantsuit, dress, or a skirt and nice top, but any skirt or dress should be almost at the knee. Avoid clothes that are too tight or too revealing, as this can make the judge and jurors think that you are not taking the court proceedings seriously.
HONESTY IS THE ONLY POLICY
When the Judge looks at you, and asks you to speak or give an answer, DO NOT BEGIN YOUR STATEMENT BY STATING "TO BE PERFECTLY HONEST, YOUR HONOR...". Several folks stated this, and the Judge would interrupt immediately (did I mention Judge's can interrupt?
First, with proper cross-examination, judges can usually tell when a person is being dishonest because people often lie without thinking about it all the way through.
You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term of up to 14 years. If you make a mistake, tell the lawyer who subpoenaed you and they will make sure your error is corrected in court.