2007-09-25 03:48:01 · 9 answers · asked by lmontgomery76 1 in Politics & Government ➔ Law & Ethics
Character and credibility. Reliability of a witness is that important.
2007-09-25 03:59:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Obviously the credibility of a witness is paramount if the witness is for the prosecution or defense. The object is to have the witness relay whatever information they may have regarding the event in question.
If the witness has a prior criminal history that witness may still be of value to either side but the fact that the witness does have a criminal record must be disclosed to the opposite side or face the disclosure/discovery in open court in front of jury which will dramatically hinder ones case.
Some criminal activity by a witness renders the witness virtually useless no matter what the witness has to say. If a witness has been previously convicted of perjury that fact alone would cause either side to not put that person on the stand. Other charges that relate to moral turpitude or lack of character could keep a witness of the stand.
However, there have been cases that I have worked in the past where we have put convicts who were convicted of murder on the stand to testify, and they did testify and their testimony was credible.
It depends upon the case and the witness and the overall situation.
2007-09-25 04:04:29 · answer #2 · answered by malter 5 · 0⤊ 0⤋
Dependent upon what the witness is testifying to, his background could impeach his testimony. If he is testifying to the character of a person who was, say, in a gang, and he is a fellow gang member, it would be suspect. Or if he was a drug abuser/alcoholic his perceptions could be in error if he saw/participated in something while under the influence. There are a lot of reasons why a background check is important, especially if the case in quesion is a criminal and not civil case.
2007-09-25 03:56:22 · answer #3 · answered by momatad 4 · 0⤊ 0⤋
They usually don't disclose the background of a witness, as some have a shady past and are unreliable. Also some do it for personal gain.
It is important, but prosecutors usually will use anyone.
2007-09-25 03:53:35 · answer #4 · answered by PATRICIA MS 6 · 0⤊ 0⤋
One lawyer wants the jury to think of the witness as the devil who hasn't said an honest word in his life,. The other lawyer wants the jury to think the witness is an angel. So whatever dirt is permitted in court aways come out, depending on how much money is spent researching the witness past.
2007-09-25 03:56:19 · answer #5 · answered by paul 7 · 0⤊ 0⤋
If someone has a long history of not telling the truth, committing criminal activity and other issues that may make a reasonable person question their cridibility wouldn't you want that to be know if they were testifying against you?
2007-09-25 03:55:17 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If someone is a liar, has something to gain (ie dropped charges, paid for informing) it lends to the credibility or rather lack thereof of their testimony.
2007-09-25 03:56:53 · answer #7 · answered by elysialaw 6 · 0⤊ 0⤋
It will affect the witness's credibility.
2007-09-25 03:51:30 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Personal back ground: as in Adam all die.
It includes first man Adam and last Adam.
2007-09-25 03:54:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋