Module 6: Witness Qualifications & Testimony ✅ Witness Qualifications • Must be competent, truthful, and have personal knowledge • Voir dire: process to assess witness qualifications • Burden of proof for incompetence lies with the party challenging the witness 🚫 Preventing Testimony • Mental illness or substance abuse may disqualify a witness • Subpoena: compels attendance • Subpoena duces tecum: compels attendance and documents ⚖️ Special Rules • Forfeiture by wrongdoing: if a party prevents a witness from testifying, their statements may still be admissible • Informants: not automatically incompetent due to payment • Defendants can testify even if mentally incompetent at trial • Confrontation Clause: 6th Amendment guarantees right to confront accusers --- 📘 Module 7: Judicial Notice, Privileges & Evidence 🧠 Judicial Notice • Court accepts facts without evidence (e.g., geography, science) • Does NOT include guilt or innocence 🛡️ 5th Amendment • Protects against self-incrimination • If waived, defendant can be cross-examined and impeached 🧑‍⚖️ Privileges • Attorney-client privilege: lasts indefinitely • Spousal privilege exceptions: shared secrets or crimes committed together 🎥 Demonstrative Evidence • Photos/videos must be relevant and not overly prejudicial • Best evidence rule: original documents preferred • Chain of custody: must be maintained for admissibility --- 🗣️ Module 8: Hearsay & Exceptions ❌ Why Hearsay Is Inadmissible • Unreliable • Out of context • No oath • Violates 6th Amendment confrontation rights ✅ Exceptions to Hearsay • Assertive statements: e.g no

Witness Qualifications

A witness must be competent, truthful, and have personal knowledge.

Voir dire

The process used to assess a witness's qualifications.

Burden of proof for incompetence

The responsibility lies with the party challenging the witness.

Subpoena

A legal document that compels attendance.

Subpoena duces tecum

A subpoena that compels attendance and the production of documents.

Forfeiture by wrongdoing

If a party prevents a witness from testifying, their statements may still be admissible.

Defendants' right to testify

Defendants can testify even if they are mentally incompetent at trial.

Confrontation Clause

The 6th Amendment guarantees the right to confront accusers.

Judicial Notice

A court's acceptance of facts without requiring evidence.

5th Amendment

Protects against self-incrimination.

Attorney-client privilege

Lasts indefinitely.

Best evidence rule

The original documents are preferred for evidence.

Chain of custody

The process of maintaining and documenting the handling of evidence.

Why Hearsay is Inadmissible

Hearsay is considered unreliable and violates the confrontation rights of the 6th Amendment.

Dying declaration

A statement made by a declarant who is aware they are dying.

Excited utterance

A statement made under the influence of excitement during a startling event.

Exclusionary Rule

Suppresses illegally obtained evidence in criminal prosecutions.

Fruit of the poisonous tree doctrine

Evidence derived from illegal evidence is also inadmissible.

Motion to Suppress

A request to exclude evidence that harms the defendant's rights.