What are the rules for witness testimony in criminal cases?
In Idaho, witnesses must adhere to specific rules of testimony when appearing in criminal cases. Testimony must be based on facts personally observed or heard by the witness. Witnesses can also testify based on scientific or specialized knowledge acquired through experience, training, or education. Witnesses must swear to tell the truth before beginning their testimony. They must then answer questions asked by the attorneys and responding truthfully and accurately. Witnesses are not allowed to offer opinions unless they are experts in the field in question. Objections to a witness’ testimony may be lodged by either party. If an objection is made, the trial judge will decide whether the testimony is appropriate. The judge will also decide if the witness will be allowed to answer the question. Witnesses are often taped or videotaped during their testimony in order to provide a record of the events that occurred in the courtroom. Additionally, witnesses are expected to provide written statements or documents to reinforce their testimony. All documents must be authenticated and approved by the court before they can be admitted as evidence. Witnesses also have the right to remain silent on certain topics. If a witness believes answering a certain question may incriminate them, they have the right to invoke the Fifth Amendment and deny the question. This applies to both criminal and civil proceedings.
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