tesitmony of an interested party
Paul Finkelman
paul-finkelman at utulsa.edu
Tue Jan 3 20:34:46 PST 2006
I have what I hope is a fairly straightforward question. Can anyone
tell me whether the common law or state statutory bans on tesitmony of
a party in interest applied to criminal cases. I know in the 19th
century it applied to civil litigation. It might also be used in a
criminal case against a third party witness. The example I know of is
from a Tennessee case in which a master who wanted to testify in favor
of his slave. The proseuction objected on the grounds that the master
was an interested party because if the slave was executed the master
would lose the value of the slave. The Court allowed the master to
testify.
But, could a defendant in a criminal case be prohibited from testifying
in his own behalf, on the grounds that he was a party in interest. That
is, if you wanted to testify on your own behalf in a criminal case, did
the law prevent you from doing so?
Off list answers are fine. Thanks in advance.
--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK 74105
918-631-3706 (voice)
918-631-2194 (fax)
Paul-Finkelman at utulsa.edu
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