Sage-Tips

Can testimony be used to convict?

Can I be convicted if the only evidence is the word of one person? Unfortunately, the answer is yes, if the jury believes that one witness beyond a reasonable doubt.

What is the burden of proof to sustain an internal administrative case?

Nearly all law enforcement agencies use “preponderance of the evidence” as the burden of proof to sustain allegations. Preponderance of evidence has been defined as more than 50 percent; a tipping of the scales of justice; or more likely than not.

What is the likely role of police officers in handling witnesses during the trial phase of a case?

During direct testimony, the officer’s responsibility is to present the facts of the case. Keep in mind—the officer saw and smelled it and the judge and jury did not. The officer must paint a mental picture for the judge and jury.

What is the substantial evidence standard?

In California, an appellate court can use the substantial evidence standard. This standard involves the appellate court reviewing the record of the trial court’s proceedings to make sure there is substantial evidence that reasonably supports the lower trial court’s decision.

Would you be more likely to believe the testimony of a police officer or any other law enforcement officer because of his or her job?

answered “yes” to the written question “[w]ould you be more likely to believe the testimony of a police officer or any other law enforcement officer because of his or her job?” R.Z. also unequivocally testified during voir dire that she “would be more likely to believe the testimony of a police officer,” thus …

How should the jury consider testimony by an expert witness?

Rule 702. Testimony by Expert Witnesses

1. (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
2. (b) the testimony is based on sufficient facts or data;

Can a witness read another witness statement?

Although witnesses are not entitled as of right to see a copy of their statement before the day of trial, there is no general rule that prohibits a witness from seeing their statement before trial. Many courts have approved the practice of allowing witnesses to see their statements prior to trial.