in a court of law, prefferibly an illinois court
2006-07-05 20:05:11 · 5 answers · asked by pv1_alvarez 1 in Politics & Government ➔ Law & Ethics
For witness to testify they must meet certain requirements established by the jurisdiction. Most are similar to the federal evidentiary requirements, so I'll use those as an example.
To testify, a witness must be competent. This means that they understand the function of the court, and have relevant information to provide in the current proceeding.
They must also be willing, by oath or affirmation, to confirm that they will tell the truth (or that the information they give is true to the best of their knowledge), and that the understand the concept and consequences of perjury.
Finally, witnesses must either be percipient (testifying based on their personal knowledge and observations) or expert (testifying based on their special expertise, training and experience).
A perceipient witness must have personal knowledge of the facts to which they testify, and must have been able to observe the relevant situations clearly.
Finally, a witness in a criminal trial must be able to be cross-examined, at least relative to the scope of the testimony. This is a 6th Amendment protection for the accused. So, if a witness could not be cross-examined because their testimony would be self-incriminating, and if the witness invoked their 5th Amendment right against self-incrimination, they would not be allowed to testify on direct as to any matters in that area.
Being an illegal alien is not an inherent block against being a witness. However, because illegal immigration status is generally considered a matter of fraud, such issues could be used to impeach their honesty as a witness. Therefore, their ongoing commission of a crime of fraud (being undocumented) might give rise to 5th/6th Amendment issues relative to cross-examination and self-incrimination.
2006-07-06 04:40:51 · answer #1 · answered by coragryph 7 · 5⤊ 0⤋
Sure, if he wants to get deported. The exception would be, however, if he's a prosecution witness....then maybe a deal can be worked out: free citizenship for his testimony.
But keep that a secret: or Mexican snitches will crop up far faster than measles did.
2006-07-05 20:09:25 · answer #2 · answered by Mr. Wizard 7 · 0⤊ 0⤋
Yes, a court of law and the INS are too different entities.
2006-07-05 21:40:40 · answer #3 · answered by michinoku2001 7 · 0⤊ 0⤋
Yes. Being an 'illegal' alien doesn't change the fact that they can be human.
2006-07-05 20:07:10 · answer #4 · answered by whatotherway 7 · 0⤊ 0⤋
Sure. Testify then deport them!!!
2006-07-06 04:09:57 · answer #5 · answered by Steelers1 3 · 0⤊ 0⤋