What is a sentencing statement?
After pleading guilty, a defendant is typically offered a formal opportunity to address the court to express remorse, and explain personal circumstances that might be considered in sentencing. This is known as an allocution statement. From the court’s perspective, judges cannot simply accept a defendant’s guilty plea.
What concerns do victims usually have about the court process?
CONCERNS ABOUT TESTIFYING Victims often feel apprehension and fear over testifying in court. Frequently the courtroom encounter with the defendant is the first time the victim has seen the perpetrator since the crime occurred.
Can a witness be present in court?
Usually, the witness must be present in court for the hearing or trial.
Can a judge examine a witness?
A judge can even call witnesses on their own in some circumstances. California Evidence Code section 775 provides: Such witnesses may be cross-examined by all parties to the action in such order as the court directs.”
Can a judge cross examine witness?
What is testimony and how do I question witnesses? The Judge may ask the witnesses to leave the courtroom until they are required to give testimony. Each party has the opportunity to present their case and to cross-examine the witnesses of the other party.
Do witnesses have to testify?
In general, you can be forced by the court to testify. When this is ordered, you will be sent a subpoena via hand delivery, direct communication, or email. The subpoena will state in detail what type of testimony is needed from you. Once you have been given the subpoena, you must legally oblige.
Can you plead the Fifth as a witness?
Pleading the Fifth as a Witness A witness may refuse to answer a question if they fear their testimony will incriminate them. Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating.