Witness in the context of Government agency


Witness in the context of Government agency

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⭐ Core Definition: Witness

In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.

A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully under penalty of perjury.

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Witness in the context of Judge

A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.

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Witness in the context of Saint Stephen

Stephen (Greek: Στέφανος, romanizedStéphanos, lit.'wreath, crown'; c. AD 5 – c. 34) is traditionally venerated as the protomartyr or first martyr of Christianity. According to the Acts of the Apostles, he was a deacon in the early church at Jerusalem who angered members of various synagogues by his teachings. Accused of blasphemy at his trial, he made a speech denouncing the Jewish authorities who were sitting in judgment on him and was then stoned to death. Saul of Tarsus, a Pharisee and Roman citizen who would later become an apostle, was also involved as a witness in Stephen's execution.

The only source for information about Stephen is the New Testament book of the Acts of the Apostles. Stephen is mentioned in Acts 6 as one of the Greek-speaking Hellenistic Jews selected to administer the daily charitable distribution of food to the Greek-speaking widows.

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Witness in the context of Human intelligence (intelligence gathering)

Human intelligence (HUMINT, pronounced /ˈhjmɪnt/ HEW-mint) is intelligence-gathering by means of human sources and interpersonal communication. It is distinct from more technical intelligence-gathering disciplines, such as signals intelligence (SIGINT), imagery intelligence (IMINT) and measurement and signature intelligence (MASINT). HUMINT can be conducted in a variety of ways, including via espionage, reconnaissance, interrogation, witness interviews, or torture. Although associated with military and intelligence agencies, HUMINT can also apply in various civilian sectors such as law enforcement.

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Witness in the context of Evidence (law)

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.

The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards showing how strong the evidence must be to meet the legal burden of proof in a given situation, ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt.

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Witness in the context of News

News is information about current events. This may be provided through many different media: word of mouth, printing, postal systems, broadcasting, electronic communication, or through the testimony of observers and witnesses to events. News is sometimes called "hard news" to differentiate it from soft media.

Subject matters for news reports include war, government, politics, education, health, economy, business, fashion, sport, entertainment, and the environment, as well as quirky or unusual events. Government proclamations, concerning royal ceremonies, laws, taxes, public health, and criminals, have been dubbed news since ancient times. Technological and social developments, often driven by government communication and espionage networks, have increased the speed with which news can spread, as well as influenced its content.

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Witness in the context of Assurance (theology)

As a general term in theological use, assurance is a believer's confidence in God, God's response to prayer, and the hope of eternal salvation. In Protestant Christian doctrine, the term "assurance", also known as the Witness of the Spirit, affirms that the inner witness of the Holy Spirit allows the Christian disciple to know that they are justified. Based on the writings of St. Augustine of Hippo, assurance was historically an important doctrine in Lutheranism and Calvinism, and remains a distinguishing doctrine of Methodism and Quakerism, although there are differences among these Christian traditions. Hymns that celebrate the witness of the Holy Spirit, such as Fanny Crosby's "Blessed Assurance", are sung in Christian liturgies to celebrate the belief in assurance.

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Witness in the context of Power of attorney

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.

Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.

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Witness in the context of Right to confront accusers

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.

In 2004, the Supreme Court of the United States formulated a new test in Crawford v. Washington to determine whether the Confrontation Clause applies in a criminal case.

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Witness in the context of Documentary evidence

Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of digital evidence, such as emails or spreadsheets.

Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a witness that the document is genuine, called "laying a foundation".

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Witness in the context of Court clerk

A court clerk (British English: clerk to the court or clerk of the court /klɑːrk/; American English: clerk of the court or clerk of court /klɜːrk/) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. The records management duties of a court clerk include the acceptance of documents for filing with the court to become part of the court's official records, preserving and protecting those records, providing the general public with access to those records, and maintaining the docket, register of actions, and/or minutes of the court which list all filings and events in each case. These duties are important because the availability of legal relief often depends upon the timely filing of documents before applicable deadlines.

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Witness in the context of Rebuttal

In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific arguments (see Counterclaim) put forward by opponents, are deployed in the media.

In law, special rules apply to rebuttal; rebuttal evidence or rebuttal witnesses must be confined solely to the subject matter of the evidence rebutted. New evidence on other subjects may not be brought in rebuttal. However, rebuttal is one of the few vehicles whereby a party may introduce surprise evidence or witnesses. The basic process is as follows: both sides of a controversy are obliged to declare in advance of trial what witnesses they plan to call, and what each witness is expected to testify to. When either a plaintiff (or prosecutor) or defendant brings direct evidence or testimony which was not anticipated, the other side may be granted a specific opportunity to rebut it. In rebuttal, the rebutting party may generally bring witnesses and evidence which were never before declared, so long as they serve to rebut the prior evidence.

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Witness in the context of Direct evidence

In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an alleged act without the presentation of additional facts. By contrast, circumstantial evidence can help prove via inference whether an assertion is true, such as forensics presented by an expert witness.

In a criminal case, an eyewitness provides direct evidence of the actus reus if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called smoking gun is considered circumstantial.

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Witness in the context of Deposition (law)

A deposition in the law of the United States, or examination for discovery in the law of Canada, is the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.

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Witness in the context of Miscarriage of justice

A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.

Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team).

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Witness in the context of Crown witness

A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution. The testimony of a witness who testifies against co-conspirator(s) may be important evidence.

According to a 2008 United Nations Office on Drugs and Crime document, persons who turn state's evidence "are known by a variety of names, including cooperating witnesses, crown witnesses, snitches, witness collaborators, justice collaborators, state witnesses, 'supergrasses', macarons and pentiti (Italian for 'those who have repented')."

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