What can a lawyer say to have a witnesses testimony disallowed due to distrust or suspicion of lies?
svchost asked:
Is there anything a lawyer can say to have a witnesses testimony disqualified or barred due to the fact that it may be a lie?
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Is there anything a lawyer can say to have a witnesses testimony disqualified or barred due to the fact that it may be a lie?
Scenario: A witness is telling the court how the defendant told him he did something, but there is NO evidence to corroborate the witnesses testimony and the witness has motive to lie.
It’s not hearsay - the witness is the one who the defendant told …
October 17th, 2009 at 3:24 am
The lawyer would attack the witnesses’ credibility and if they can prove something the witness said was a lie, everything should be struck from the record.
A witness must be credible.
Get out answer 3, didn’t realize if a witness was caught lying on the stand all the testimony was still admissible.
I don’t think so…
If a lawyer believes a witness has motive to lie (s)he can question their credibility and look at their past. If caught lying on the stand, none of the testimony will remain on the record.
The lawyer will cross-examine the witness and try and show their true colors. Joe B
October 18th, 2009 at 5:05 pm
heresy? Suspend Me For The 11th Time
October 21st, 2009 at 3:12 pm
You asked: “Is there anything a lawyer can say to have a witnesses testimony disqualified or barred due to the fact that it may be a lie?”
My answer: No.
You asked: “What can a lawyer say to have a witnesses testimony disallowed due to distrust or suspicion of lies?”
My answer: Nothing.
The witness will testify. Your lawyer will, on cross, do whatever he can to discredit the testimony, and as a result said testimony either will or won’t be believed. Simple as that.
It certainly, however, will not be stricken from the record just because it is discredited. I don’t know WHOSE rules of evidence the other poster is playing by.
And you probably need to make sure you know what “hearsay” actually means… at least relevant to the legal system.
Hope that helps. Gregg DesElms
October 24th, 2009 at 2:05 pm
If the attorney represents the person they could do nothing unless the witness has told the attorney that he is going to testify falsely. Then they should contact the court (have a duty to do that)
If the attorney does not represent the person, then they would have to attempt to impeach the witness, and bring out what evidence that would expose the lie.
People lie in court all the time (attorneys, cops, witnesses, and victims) - to what degree they lie against each other is the duty of the judge or jury to determine. Reason and common sense must prevail. Or does it? People are falsely accused and jailed everyday in this country, so it is nothing new. People had grown to accept that fact. Until a fool proof lie detector is created - then the system will continue the best it can. Hope this helps. Russ