How are witness testimonies handled in criminal defense cases?

In criminal defense cases, witness testimonies can be extremely important to the outcome of the case. In Virginia, court proceedings are guided by the Rules of Evidence, which include the admissibility of witness testimony. When the witness is called to testify in court, the witness must be sworn in and must provide a factual and accurate account of their observations. The defense attorney may cross-examine the witness by asking questions in order to challenge the witness’s credibility or to clarify their testimony. The defense may also call witnesses to testify on their behalf in order to support their defense. Additionally, witnesses may be deposed outside of court. During a deposition, the witness provides testimony under oath, and the defense and prosecution are given an opportunity to ask questions. The deposition is conducted in the presence of a court reporter, and all answers are recorded and available for use in the trial. In Virginia, jurors are not allowed to hold the demeanor of a witness against them. This means that jurors must not base their decision based off of a witness’s body language or behavior. The jury is also not allowed to draw any conclusions or implications from the fact that the defendant or his attorney did not call a witness or witnesses to testify. Ultimately, when deciding a criminal case, jurors must rely on the facts presented in court and the evidence that was gathered during the investigation. It’s important for jurors to understand that their job is to render a verdict based on the evidence—not on a witness’s demeanor or their opinion of the witness.

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