My son was murdered and the trial is about to start. There are many family and friends that can and will be character witnesses during the punishment phase. None are factual witnesses. Are character witnesses allowed in the courtroom during the trial?
2007-11-27 12:36:43 · 5 answers · asked by The Nikster 1 in Politics & Government ➔ Law & Ethics
Family members are permitted to observe the trial, unless you will be giving evidentary testimony.
The defense has the right to request sequestration of the witnesses. This means they can not be in the courtroom to hear testimony from the other witnesses. This is done to ensure the witnesses give their own account of the facts, not what they just heard someone else say.
Your courthouse probably has a victim/witness coordinator. You can ask these questions of their office.
2007-11-27 12:53:01 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
Generally yes. In most murder trials, the guilt phase is separate from the penalty phase. Your testimony comes in the penalty phase and would not be affected by the testimony given during the guilt phase, so there is little reason to exclude you.
However, these rules vary from state to state and individual judges also have the discretion to decide who may sit in the courtroom. While it would be very unusual to exclude the parent of a victim from the trial, if you think this is a possibility, discuss your concerns with the district attorney.
I am sorry for your loss and hope you will find some peace.
2007-11-27 20:56:06 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
First of all, I am so sorry for your loss! I hope your family gets some form of closure with the conviction of his killer although I'm sure that doesn't help much. Ugh. Yes, you and they can attend the trial - they will be called upon to tell the jury how your son's life and death has affected them and why this "person" (I use the term loosely) should receive the maximum penalty allowed by law. Again, so sorry for your loss.
2007-11-27 20:47:24 · answer #3 · answered by Flusterated 7 · 0⤊ 0⤋
Usually, yes.
They're not actually "character witnesses" as such. A character witness is someone who testifies as to the character of a person "accused" of a crime. What your friends and family will be offering is not testimony, per se, but a victim impact statement.
Richard
2007-11-27 20:41:11 · answer #4 · answered by rickinnocal 7 · 0⤊ 0⤋
As a general rule, yes...although this may vary from state to state.
2007-11-27 20:40:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋