Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

councils comments about witness demenour

All matters involving criminal law

councils comments about witness demenour

Postby megaman » Sat Sep 02, 2017 4:52 pm

Once, while watching a criminal case i saw a prosecutor point out that a witness did not make eye contact therefore must have been lying.

Can anything be done about it
would it be a grounds for appeal
megaman
 
Posts: 156
Joined: Mon Oct 28, 2013 8:55 pm

Re: counsel's comments about witness demenour

Postby atticus » Sat Sep 02, 2017 5:07 pm

Was it you? Why do you keep banging on about demeanour?

Do you think that is what persuaded the jury to convict? What about the other evidence? Did the judge say anything in his summing up and directions to the jury?
User avatar
atticus
 
Posts: 19507
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: councils comments about witness demenour

Postby shootist » Sun Sep 03, 2017 7:57 am

IIRC, I read of a case where a lawyer (I don't recall the venue) offered some statement about an issue in the case being tried and was told that if he was making that statement he must be sworn as a witness and expose himself to examination on the statement made. In this case it might be open to ask if counsel could evidence how much or little the accused made eye contact, who with, was he incapable of looking anyone in the eye for some psychological condition, what evidence is there that not looking someone in the eye is evidence of lying.

I mention it only in the spirit of goodwill and in the slight hope that it might provoke a straightforward response from those here likely to know of it or the principle. A man's whole life might depend upon this issue being answered.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3493
Joined: Sat Aug 10, 2013 9:40 pm

Re: councils comments about witness demenour

Postby dls » Sun Sep 03, 2017 11:57 am

Shootist is correct. I am surprised that ny barrister would suggest that, and a judge directing a jury should properly comment in his summing up.

See

http://swarb.co.uk/regina-v-lucas-ruth-cacd-1981/

If that direction is required when a defendant is known to have lied, it should be required after such a suggestion from a prosecutor in closing.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12121
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: councils comments about witness demenour

Postby Maz JP » Thu Sep 07, 2017 2:04 pm

dls wrote:Shootist is correct. I am surprised that ny barrister would suggest that

I find it inconceivable.

Even in a work of fiction.
Maz JP
 
Posts: 329
Joined: Mon Nov 05, 2012 2:51 pm

Re: councils comments about witness demenour

Postby diy » Fri Sep 08, 2017 10:01 am

The alternative is that anyone slightly on the autistic scale, is doomed.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2541
Joined: Fri Nov 02, 2012 10:06 pm

Re: counsel's comments about witness demeanour

Postby atticus » Fri Sep 08, 2017 10:14 am

Indeed.
User avatar
atticus
 
Posts: 19507
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W


Return to Crime

Who is online

Users browsing this forum: No registered users and 1 guest

cron