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
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