Aprivilege is a personal right to resist compulsory disclosure ofinformation that belongs to a client but not the lawyer. Privilegedinformation remains privileged unless waived afterward (Garland,2015).There are four privileges applied in a criminal trial including legalprofessional privilege, the privilege against self-discrimination,common interest privilege, and without prejudice privilege. The legalprofessional privilege is the most critical privilege hence, mostapplicable in a criminal trial. It comprises of two categories:litigation and legal advice privilege. Litigation privilege isimportant because it extends the privilege to the third partycommunication. Alternatively, legal advice privilege protectscommunication confidentiality between a client and an attorney forthe rationale of receiving and giving legal advice.
Onthe other hand, the privilege against self-discrimination should notapply to a criminal trial. This privilege prevents the governmentfrom forcing a defendant to testify against oneself (Garland,2015).As a result, the government ends up proving the case without thedefendant assistance. In some cases, defendants choose to remainsilent, and in this case, they win unless the government providessufficient evidence that they are guilty. Therefore, this privilegeshould apply to a criminal trial because it has a limited testimony.
Thejudicial notice refers to litigation a tool that allows the court toaccept and recognize a fact without evidence. The judge notice andrecognize the truth of the facts without proof of any evidence.However, the fact should be well known and a notorious fact.Normally, judicial notice cannot be rebutted, and it is not probablydrawn from consequences but from facts. The four main categories ofcriminal evidence that includes judicial notice include geographicalareas, historic events, business customs, and periods of time. Thecourts have the powers to recognize these facts in specificsituations. For instance, in Idaho, all courts judicially notice anydocument affixed with an official seal (Garland,2015).Further, in Hawaii, a judicial notice is taken to a driver whoviolates vehicle regulations if he or she works for the company thatowns the car. A judge should consider judicial notice if the judicialofficers have sufficient knowledge about the local geographicalareas. Therefore, courts should only apply judicial notice where itwill not affect the fairness of the trial. In addition, the courtshould apply the doctrine of judicial notice whereby information isnot debatable or questionable. Garland(2015) gives an example of Malawi where the jury or the court cantake judicial notice of facts that related to parliaments Acts andsubsidiary legislation.
Incriminology, relevant evidence refers to any testimony, document, ortangible evidence in a court of law. A judge or a jury introduces theevidence to prove an element or a point in a case. According toGarland(2015),all relevant evidences are admissible, and vice versa. In a criminalcase, relevant evidence proves a significant fact, and it has acredible source. However, due to some reasons such as undue delay,misleading the jury, confusing issues, wasting time, unfairprejudice, or needlessly presenting cumulative a judge may excluderelevant evidence from a criminal trial.
Firstly,a judge can exclude misleading evidence that draws away the attentionof the jury from the main issues of the case. Secondly, a judge canexclude an unfairly prejudicial evidence that arouse an outrage ofthe jury, and that does not add any useful information. In addition,a judge can exclude a waste of time evidence, those does not giverelevant information. A judge does not need to listen to the samething several times to prove the defendant is honest. Further, theevidence is excluded it is an expert testimony that is, it is from aprivileged information source such as clients and attorneys. Lastly,a judge can exclude hearsay evidence made outside the court.
Thethree characteristics that constitute witness capacity include theability to remember, perceive, and narrate in a comprehensiblemanner. Although everyone is eligible to testify, a witness mustpossess these three basic characteristics.
Ability to remember
Awitness should have the ability to remember whatever happened at theincident. However, if a witness has some difficulties remembering anincident, then the witness credibility brings some questions(Garland,2015).In a court trial, a witness who possesses this characteristic can beidentified if he or she does not require recollections of events torefresh.
Ability to perceive
Awitness should have the ability to perceive what he or she claims tohave witnessed. However, his or her credibility may be diluted bycasting many doubts he or she cannot perceive the exact occurrences.In a court trial, a witness is said to have the ability to perceiveif whatever she or she says does not create any doubts.
Ability to narrate
Evenif a witness can sufficiently recall events and has adequatelyperceived, he or she should also be able to narrate these eventseffectively. In a criminal trial, a witness is said to have theability to narrate if he or she can efficiently narrate allincidences and give a story must make sense, is logically possibleand plausible, and does not contradict (Garland,2015).
Garland,Norman. (2015). CriminalEvidence.McGraw-Hill College.