What are the rules for witness testimony in criminal cases?
In Delaware, witness testimony is a crucial part of criminal cases. In order to be admitted into evidence, witness testimony must meet certain criteria. Firstly, the witness must be competent to testify. A witness must be at least sixteen years of age, and have enough intelligence to understand the nature of an oath. They must also be capable of perceiving and recounting events or facts relevant to the case. Any person serving a prison sentence or otherwise disqualified from giving testimony is not competent to testify. The testimony offered must also be relevant and material to the case. Relevance means that the information must have some bearing on the case. Materiality means that the information has to affect the outcome of the case. Before a witness is allowed to testify, they must be sworn in. This means that they must take an oath to tell the truth, or be subject to the penalty of perjury. If the witness gives false testimony, they can be held criminally liable. Lastly, the witness must have personal knowledge of the facts or events in question. In other words, the witness must have seen, heard, or experienced the events themselves. Hearsay evidence, or evidence based on what someone else has said, is generally not allowed in criminal cases. Witness testimony is a key component of criminal cases in Delaware, and must meet certain criteria to be admitted into evidence. Witnesses must be competent, relevant, and material, have taken an oath to tell the truth, and have personal knowledge of the events in question.
Related FAQs
What are the rules of sentencing in criminal cases?What is the difference between a summary offense and an indictable offense?
What are the rights of victims in criminal proceedings?
What are the elements of a crime?
What is the process of a trial by jury in criminal cases?
What is the exclusionary rule in criminal procedure?
What is the purpose of a criminal investigation?
What is the process of a criminal trial?
What is a motion to suppress in criminal procedure?
What is the difference between direct and circumstantial evidence?
Related Blog Posts
An Overview of Constitutional Protections in Criminal Procedure - July 31, 2023The Requirements and Benefits of Proper Criminal Procedure - August 7, 2023
Understanding the Right to Remain Silent in Criminal Procedure - August 14, 2023
What You Should Know About the Exclusionary Rule in Criminal Procedure - August 21, 2023
A Look at the Role of Probable Cause in Criminal Procedure - August 28, 2023