Explain the use of testimonial evidence. Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial

Question

What will be an ideal response?

Answer 1

Testimonial evidence is defined as evidence given by a competent witness while testifying under oath or affirmation in a court proceeding. All evidence in a case must be introduced by the testimony of a witness. This includes eyewitnesses who tell about an event they observed as well as experts who tell about the results of scientific tests done on the evidence. If an attorney wants to introduce real evidence at trial, a witness must be called and testify about the item before it can be introduced into evidence. On the other hand, statements by the attorneys are not testimonial evidence and cannot be used to establish the defendant's guilt or innocence.
Affidavits and depositions are examples of items that are considered testimonial evidence even though they are taken outside the courtroom. Both are made under oath. The affidavit is a written statement signed under penalty of perjury. A person giving a deposition takes the same oath as a trial witness. The question and answer session is held outside the formal court setting and is recorded verbatim.