South Carolina Defendant as Witness
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How to fill out Defendant As Witness?
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FAQ
Rule 609(c) as submitted by the Court provided in part that evidence of a witness' prior conviction is not admissible to attack his credibility if the conviction was the subject of a pardon, annulment, or other equivalent procedure, based on a showing of rehabilitation, and the witness has not been convicted of a ...
As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.
611(b) limits the scope of cross-examination of all witnesses to matters testified to on direct and matters bearing on credibility, unless the court in its discretion allows inquiry into additional matters as if on direct examination. This has been the traditional view in the Federal courts and many State courts.
- The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue ...
Rule 611(a) thus sets forth two permissible types of actions: control of (1) mode and (2) order. And there are three goals to which the court's actions can be directed: (1) determining the truth, (2) avoiding waste of time, and (3) protecting witnesses from harassment or embarrassment.
SC Judicial Branch. (a) General Rule. Every person is competent to be a witness except as otherwise provided by statute or these rules.
Simply put, a defendant can be a witness in their own criminal case. If you have been charged with a crime, you have the right to testify on your own behalf, and to raise your own defense. However, most criminal defendants don't testify in their criminal trials.
Process. During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness "hostile".
