Evidence of Law answer in 400-600 words

Evidence of Law answer in 400-600 words assignment  attached

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Describe and explain the roles of the different types of witnesses, such as the following:

A
lay witness
is an ordinary person who testifies based upon their personal knowledge and life experiences. A lay witness is distinguished from an expert testimony, who testifies based upon their qualifications of expertise in their field. Many jurisdictions, as well as the Federal Rules of Evidence, now allow for lay witness opinion testimony in certain circumstances. Generally, all that need be shown to have a lay witness express an opinion is that the opinion is (a) rationally based on the perception of the witness and (b) helpful to either a clear understanding of his testimony or the determination of a fact which is in issue. A lay witness’ opinion must not be based on knowledge outside the understanding of the ordinary person (US Legal, 2013). As opposed to an expert witness, a lay witness testifies in a court case regarding events he actually perceived. A lay witness cannot testify regarding issues of technical fact. For example, a lay witness would not be able to testify about the technical elements of a house fire during an arson case, because she wouldn’t necessarily have the required specialized knowledge (Montoya, u. d.).

The purpose of the
expert witness
is to help the finder of fact–a judge or jury, for example–come to a conclusion. The analysis of the expert witness may shed light on facts that might not otherwise have been demonstrated by witnesses without specialized knowledge, and the analysis may corroborate or discredit the prior testimony of previous witnesses. An expert witness is limited to the scope of his specialized knowledge. For example, a veterinarian would not be able to give testimony on child psychology, because a veterinarian does not possess the knowledge to be considered an authority on the subject. An expert on child psychology, on the other hand, could speak on the issue. Like any other witness, an expert witness is prepared for the adversarial nature of the courtroom. First, the prosecution or defense team who hired the expert witness usually familiarizes him with the layout of the courtroom to help ensure that he’s comfortable with his surroundings. The expert witness then prepares for direct examination by reviewing evidence and statements. This process helps the expert witness remain calm and confident, increasing her credibility with the court (Montoya, u. d.).

Law enforcement plays a crucial part in our criminal justice system. Each officer is specially trained in many aspects of criminal justice and law in general. The duties provided by law enforcement personnel include traffic citations, criminal investigations and emergency response as well as crime prevention. Law enforcement is there to enforce all laws set in place by the government, whether on the local or federal level. Without law enforcement, society would be in chaos without any reliable way to enforce the laws. In some circumstances, police officers must act as
law enforcement expert witnesses
in court proceedings. This generally includes car accidents and felony crimes. They are sworn in as any other witness and they are to tell the court exactly what their expert opinion on the crime in question is (Best, 2013).

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How important are witnesses with regard to the prosecution’s case during a trial? Explain

A witness for the prosecution
is a witness who is brought into the court in order to provide testimony which supports the prosecution’s overall case. A witness for the prosecution, thus, would likely provide testimony affirming that the defendant did whatever action he or she is being put on trial for, for example, or otherwise would produce some form of statement which helps to push the jury in favor of the prosecution’s argument. Because a witness for the prosecution will often be providing testimony which is ultimately critical to the prosecution’s overall case, the prosecution will likely help to establish a witness statement for a witness for the prosecution. Such a witness statement would function as a summary of the facts and evidence which the witness is going to provide in testimony. Sometimes, a witness statement may actually be all that is necessary for the witness’s evidence to be entered into the trial, as a full out questioning of the witness for the prosecution may be deemed unnecessary in light of the witness statement. In general, however, a witness statement is less often used within the courts of the United States of America, as the deposition and questioning process is much more often used. The defense of a trial would focus on discrediting, in some fashion, any important witness for the prosecution, in order to take the weight off the testimony given by such a witness for the prosecution. For example, the defense would attempt to prove that it is possible that a witness for the prosecution did not see the things which he or she believes that he or she saw, in order to disprove the testimony of the witness for the prosecution, and thus add to the defense’s overall case (Laws.com, u. d.).

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How important are witnesses with regard to the defense’s case during a trial? Explain.
Witnesses are essential to the defense in a trial to discredit the prosecution’s witnesses in order to create a reasonable doubt. Defense witnesses are also very important because their job is to make evidence irrelevant so that the prosecution can present and to build character in a positive manner for the defendant. The defendant will have all types of character assassinations from the prosecution, so the defense witness must be credible, and able to sway the juror in the defense direction. Witnesses for the defense can help create alibis for the defendant or testify that he or she was not the one who committed the crime. A defense attorney relies on witness testimony to ensure that the defendant’s civil rights are preserved and to discredit any testimony that will incriminate his client. The testimony of witnesses is also important to the defense in the persuasion of the jury that the defendant could not have committed the crime. Each witness has a specific purpose for each side of the case. The defense wants to use witnesses that can testify to their client’s innocence. As an example, an expert witness might testify the accused could not have signed the check in question because they are left handed and the check is signed by someone that writes and signs right handed. A lay witness might testify that the accused was at their restaurant at the time the crime was committed and has time stamped receipts and also has personal knowledge that the accused was there. It is important to have witnesses for the defense’s case because if that person didn’t do the crime and they are being convicted of it then they need someone to help them with their alibi of where they were the night of the crime. If there is a jury involved having a defense witness support you that you did not do the crime you can make them believe that you didn’t do it. It is important if you are the defendant that you have someone that will defendant you and show the judge that you didn’t do the crime. The witness for the prosecution explains to the jury that the defendant is guilty of the crime and gives all the evidence against them. If they did a crime they will give them all the evidence that they have against them. They will try to explain why they should be found guilty and make sure the expert witness testifies that the defendant did the crime. The witness for defense tries to make sure the defendant is found not guilty. They bring all the evidence to the table to explain why they believe he is not guilty and any evidence supporting it (Johnson, 2013).

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How does the role of witnesses used for the prosecution differ from that of witnesses used for the defense? Explain. Witness testimony is one of the most important elements of a trial and a crucial piece of evidence in the process of prosecuting criminals. The job of the prosecutor is to rely on the evidence presented in court and build a case on the foundation of evidence. Without witness testimony, the prosecution has no reliable evidence in order to secure a conviction of a criminal. The prosecution relies on the testimony of witnesses to persuade the jury in a conviction. A defense attorney relies on witness testimony to ensure that the defendant’s civil rights are preserved and to discredit any testimony that will incriminate his client. The testimony of witnesses is also important to the defense in the persuasion of the jury that the defendant could not have committed the crime. Each witness has a specific purpose for each side of the case. The difference in each side of the case is that the witness for the prosecution is to prove the relevance of the evidence linked to the defendant affirming that the defendant did commit the crime and the witness for the defendant testifies in order to discredit the prosecution’s witness. The defense will also use the witness testimony in order to establish an alibi.

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What qualifications do you think should be necessary for a witness to be considered an expert?
Explain. I believe that an expert witness should possess certain skills that will assist him in avoiding biased opinions and provide the groundwork for the considerations in the decision-making process. An expert witness should possess the expertise in his field to ensure that the evidence is relevant to the issue and proves that the evidence is what it proposes to be. Education in his field is imperative with regard to obtaining this status. Since the Federal Rules of Evidence requires an expert witness to be qualified by knowledge, skill, experience, training, or education, this demands that the expert obtain every aspect of the knowledge of his field. I believe that a Bachelor’s degree or higher should be required. There are too many expert witness fields involved in the Criminal Justice System to delve into the requirements met for expertise but “authority” is the key to being considered and expert by the court. The expert testimony must not be based on hearsay or personal opinion but based on educated statements, factual documents, and analysis to back up the unbiased information. He must obtain all of the training requirements in his field to obtain this type of information.

References

Best, J., (2013). The Role of Law Enforcement in the Criminal Justice System. Retrieved from

http://www.ehow.com/about_6755699_role-enforcement-criminal-justice-system.html#

page=5

Montoya, D., (u. d.). The Role of the Expert Witness. Retrieved September 3, 2013 from

http://www.ehow.com/about_6165421_role-expert-witness.html

Johnson, R. (September 1, 2013). Recorded Live Chat 5. Retrieved September, 4, 2013 from

http://ctuadobeconnect.careeredonline.com/p63758413/?session=breezwy5fmfd8qpk72zfn

US Legal, Inc., (2013). Lay Witness Law & Legal Definition. Retrieved from

http://definitions.uslegal.com/l/lay-witness/