Utah Checklist of Questions to Ask Potential Witnesses
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FAQ
The following six factors affect the credibility of a witness during an investigation.Youth. Young age can affect the person's ability to perceive and report the events that they witness.Old Age.Intelligence.Mental State.Relationship to People Involved.Background Characteristics.
Assessing Witness CredibilityPlausibility of the witness's statement.Witness demeanor.Corroboration.Past record.Motive.
In evaluating the believability of any witness and the weight you will give the testimony of any witness, you may properly consider the demeanor of the witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the witness; any interest the witness may have in the outcome of the
What factors affect the accuracy of eyewitness testimony?Memory reconstruction. It is a common misconception that the human memory works like a video recording, allowing people to replay events in their minds just as they occurred.Lineup issues.Visual characteristics.Anxiety and stress.Obtaining legal representation.
A prospective juror may be granted excused from jury service upon a showing: of undue hardship; or that the individual is incapable of jury service; or out of public necessity. Excuse may be requested by affidavit, sworn testimony, or other competent evidence and granted for a period of time that the conditions exist.
A prospective juror who fails to appear may be found guilty of contempt, which may be punishable by a fine of up to $1,000, and imprisonment for up to 30 days, or both. However, a justice court judge or court commissioner may punish contempt by a fine of up to $500 or imprisonment of up to 5 days, or both.
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?
Proof Chart (a chart showing what witnesses and exhibits will be used to prove the key elements of the claim or defense) Order of Trial (used for thinking about the order of witnesses)
You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.
