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Can a witness who has been convicted of a crime cannot testify in a criminal case?
Wiki User
∙ 8y ago
Yes, a witness can be convicted, if the offence of perjury is proved against him. Perjury is the offense of knowingly making untrue statements, by a witness, when he is testifying. The punishment may extend to fine or imprisonment or both, it depends on the law of the land. But generally, a witness is not tried for perjury, unless his statements are absolutely false and has a devastating effect on the case. It is also pertinent to mention that if the witness has submitted something, believing it to be true, but afterwards it is proved to be false, then no charge of perjury lies against the witness. Perjury lies attracted only when the witness has submitted some false statements deliberately and intentionally. it does not need an establishment of mens rea (mental intention) showing the inclination of the witness to either of the parties to the litigation.
Wiki User
∙ 13y ago
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Can you ask for expenses incurred for you to testify?
If you are issued a subpoena or material witness warrant to testify upon matters of fact, then you cannot get your expenses back. If you are providing expert witness testimony then you are not compelled to testify and may charge expenses and a fee.
A person does not have to be a witness?
According to the Constitution a person does not have to testify against themselves; in some states a spouse cannot be compelled to testify against a spouse.
What is the difference between a competent witness and a compellable witness?
A competent witness it one who can understand questions put to them and can reply in an understandable manner. A witness may be found not competent if they have a mental disease the makes them unable to testify meaningfully, such as schizophrenia or dementia. A compellable witness is one that can be forced by law to testify. Almost all competent witnesses are compellable, but there are exceptions. For example, a spouse can be competent but cannot be compelled to testify against their mate.
A person cannot be convicted of treason unless there is a minimum of one witness againts him or her?
True
In the United states a defendant cannot be forced to testify against himself or herself in a criminal trial?
true
Can a physician assistant testify in a malpractice case as expert witness?
In principle, no, as they should be protected by the physician-patient privilege if they have had access to information the patient does not wish to disclose. However, I do not know whether this still holds true if the assistant doesn't have a medical license yet.
Is it possible in the US for a complainant plaintiff or State witness in a criminal case to withdraw the charges or case against the defendant?
The person who was the victim of or witness to a criminal act is technically the complainant for the State's case. The victim becomes the State's witness, not a plaintiff. As such, it is not the victim's case, but the prosecutor's case. The prosecutor does not--and should not--just drop charges because a victim asks for the charges to be dropped. In addition, because the victim and witnesses are the State's witnesses, the Court can compel you to appear and testify. A victim cannot withdraw the original complaint, nor impede a court case. The prosecutor's staff will help a nervous or fearful witness to testify. But only the prosecutor can decide whether to offer lesser charges in a "plea deal"; prosecutors do not need the victim's permission to allow the defendant to plea, but the victim might be consulted if the deal means significantly less prison time. So the answer to your question is No, a victim cannot withdraw charges especially once the prosecutor already has the case.
What does it mean when the witnesses says take the fifth in criminal trails?
Briefly; It refers to the 5th Amendment to US Constitution which states that a person cannot be compelled to testify against himself.
true or false voluntary intoxication is a complete defense to a crime?
true or false defendents in criminal cases have the right to remain silent and cannot be compelled to testify against themselves
What amendment says your cannot testify against oneself?
Amendment 5- This states that there can be no self-incrimination and/or Double Jeopardy.
Can a non medical person's description of an elderly person's health be used as medical diagnosis in a trial?
No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.
In tort claim if plaintiff's attorney does call a witness to testify can defense call same witness to testify against plaintiff?
The plaintiff is not required to provide witnesses to a case, per se; although they must prove their case (It is very hard to do without at least one witness, normally the plaintiff alone). In either case however the defense is not limited in its ability to call any witness to the case, as long as the plaintiff is notified of the witness who will appear and the witness will provide material testimony about the case.Additional: The defense cannot elicit brand-new testimony from the plaintiffs witness, however the witness is subject to cross-examination by the defense, who will try to either draw out testimony favorable to his client, or to impeach the testimony that the witness gave on direct examination.
