Author Question: Explain the difference between testimony and real evidence, between lay witnesses and expert ... (Read 48 times)

serike · **on:** Aug 17, 2018

Explain the difference between testimony and real evidence, between lay witnesses and expert witnesses, and between direct and circumstantial evidence. Testimony is verbal evidence given by witnesses under oath. Real evidence is

What will be an ideal response?

Question 2

Explain the Supreme Court ruling of Batson v. Kentucky. How would a defendant prove that the prosecution used a peremptory challenge that was racially motivated? As a result of the ruling in Batson v. Kentucky, the Supreme Court declared

What will be an ideal response?

CharlieArnold · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

o brought into the court and seen by the jury, as opposed to evidence that is described for a jury.
Lay witnesses can truthfully and accurately testify on a fact in question without having specialized training or knowledge. An expert witness has professional
o training or substantial experience qualifying her or him to testify on a certain
subject.
Direct evidence is evidence that establishes the existence of a fact that is in question without relying on inference. Circumstantial evidence is indirect
o evidence that is offered to establish, by inference, the likelihood of a fact that is
in question.

Answer to Question 2

o that the Constitution prohibits prosecutors from using peremptory challenges to strike possible jurors on the basis of race.
In order for the defendant to prove that the prosecution used a peremptory
o challenged based on racial motivation, there are a number of legal steps that must be followed.
First, the defendant must make a case that there was discrimination during
o venire.
The defendant must show that he or she is a member of a recognizable racial
o group and that the prosecutor has used a peremptory challenge to remove members of this group from the jury pool.
The defendant must then show that these facts and other relevant
o circumstances raise the possibility that the prosecutor removed the prospective jurors solely because of their race.
If the court accepts the defendant's charges, the burden shifts to the
o prosecution to prove that its peremptory challenges were race neutral. If the court finds against the prosecution, it rules that a Batson violation has occurred.