Witnesses In Criminal Court Cases

In the Criminal Justice system and in particular trial courts, witnesses` give testimony when taking the stand. There are several types of witnesses`, Lay witness, Expert witness, and Law Enforcement witness. Witnesses’ give an account or testimony of the facts and issues in a trial (findlaw.com). An ordinary witness in a criminal court case is referred to as a “Lay Witness”. A Lay witness has first-hand knowledge about matters relevant to the case and their testimony, and or opinion is subject to the applicable rules of evidence (uslegal.com). According to the Federal Rules of Evidence, Rule 701. Opinion Testimony by Lay Witnesses, Lay opinion testimony refers to evidence given by a witness who is not qualified as an expert but who testifies to opinions or inferences (uslegal.com). Expert witnesses` according to Robert Sutherland is “a person with the status of an authority by reason of special skill, training or knowledge; a specialist” (Sutherland, 2015). Furthermore, Federal Rules of Evidence Rule 702 further defines an expert as one who gives testimony in the form of an opinion, and that forgone conclusion is relative to that opinion. To further expound on this type of witness, one must understand that an expert witness is a professional expert in his or hers field of expertise. This

Furthermore, the 6th Amendment to the U.S. Constitution protects the rights of the accused by allowing the defendant the right to confront his or hers accusers with the 6th Amendments” Confrontational Clause”. The defense attorney, like the prosecution, interviews witnesses that will bear testimony to offset the prosecution’s efforts to convict the defendant. During the Preliminary Hearing, the defense attorney screens and interviews witnesses` that are credible and therefore will bring forth testimony that will persuade the jury by discrediting the prosecutions witnesses’ during the actual trial