Case Study:
Choose the role of Prosecutor of Defense Attorney. You are charged with preparing two witnesses. You must chronicle what is needed to determine what relevant testimony the witness can provide, whether the witness fits the generally accepted requirements to be a witness and whether this individual has any defects that need attention. Make a list of all things related to each witness that you think are necessary to prepare the witness for testimony. Cite your work based on the chapters you have read and any information researched related to witness preparation.
Provide Short Essay Answers and Cite Your Work Using APA Style.
Question 1. What is a privileged communication and what is the rationale for the existence of confidential relationships?
Question 2. What are four fundamental conditions that must be established before a person is exempted from testifying in a judicial proceeding based on a claim of privilege?
Question 3. If there are questions as to whether a privilege should be recognized, how will the court proceed?
Question 4. Explain what the spousal incapacity privilege is and the rationale behind the rule.
Question 5. What is the marital communications privilege and what is required for the privilege to apply?
Question 6. What are two possible justifications for the attorney-client privilege?
Question 7. Explain why the psychotherapist-patient privilege is supported by stronger policy justifications than the doctor-patient privilege.