What Is Taped Witness Testimony-lara fabian

Legal Henry Wade is a respected criminal defense lawyer of The Wade Law Firm in Texas, and according to him, testifying in court can be stressful. With all the focus solely on you from the moment you take the stand until you return to your seat, you become a crucial aspect of the case. Still, there are always exceptions. And, sometimes in specific instances, there might be cause for a testimony to be taped. While it seems more of an available option on prime-time courtroom dramas, Wade explains that it is rare to have taped testimony in an actual courtroom. Two Exceptions Usually, only two exceptions would allow for taped testimony to be entered as a viable witness statement. The first would be if a crucial witness was so ill that it was unlikely that he would alive during the trial. In addition, the reason why a witness might be taped versus appearing in court would be in child abuse cases. Because these types of cases are often emotional and stressful on the person who was abused, it is sometimes in the best interest of the child that a video of his testimony be brought to court instead of appearing in the same court room as the accused. The Alternative In some cases, if it is determined that a witness cannot appear in court on the day of the trial, it is more likely that he will appear via a closed circuit TV. The TV would provide real-time capabilities for the judge, defense and prosecutor to be in one place, and the witness in another. The live interview would still provide both lawyers with the opportunity for cross examination while still allowing the witness to avoid a court appearance. Negative Effect If you have been called to be a witness for a case, and you strongly feel that you cannot appear in court, then either the defense or the prosecutor can file a motion to the court to allow for a taped or live video testimony. If the request is accepted by the judge, then you can proceed to make the arrangements. On the other hand, most courts feel negative about taping a witness before the trial date because the person will not be subject to cross examination. If the taped individual is a witness of the prosecutors, then the defense team will not have the chance to ask any further questions upon hearing the tape. This could definitely affect the fairness of the trial and is a cause for many objections. About the Author: 相关的主题文章:

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