This Recognizance of Witnesses is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes.
Kentucky Recognizance of Witnesses
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FAQ
If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. (Defendants in civil cases may, however, be forced to testify as a witness in a civil case.
Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all. Examples include:preventing a witness from attending a legal proceeding, such as a court hearing or deposition.
A lay witness the most common type is a person who watched certain events and describes what they saw. An expert witness is a specialist someone who is educated in a certain area. A character witness is someone who knew the victim, the defendant, or other people involved in the case.
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.
Subpoena the Witness A court can force a potential witness to testify by issuing a subpoena. This is a court order that requires a person to appear in court for the purpose of providing testimony or producing certain evidence.
To qualify to be a witness a person must possess witness capacity and have personal knowledge of facts relevant to the case, be able to understand the obligation to tell the truth, and take the oath or affirm that he or she will testify truthfully.
The rule says that one witness is enough to convict, if the jury believes that witness. It's not a game of measuring how much there is, only whether the evidence itself is believed beyond a reasonable doubt. People have been convicted of crimes on the testimony of a single witness without any physical evidence.
Can I refuse to be a witness? Yes, if you are asked to be an expert witness. You must decide whether you can spare the time from your work or business to prepare a report and, perhaps, go to a court hearing. If you are asked to be a witness of fact, you can also refuse.
Who can be a witness? Section 118 of the Act states the persons who can be a witness. The court identifies all competent individuals who can testify with proper knowledge of the crime.
