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Unformatted text preview: c.) o "Other states that have adopted an exclusionary rule, however, have done so for the testimony of witnesses, not for the testimony of a defendant. The Arkansas Supreme Court failed to perform the constitutional analysis that is necessary when a defendant's right to testify is at stake. Notes: Case is never going to extend anywhere else (ex: was not extended to polygraph testing) Seems to wellborn that a per se exclusion is the only way to go (can't do this on a case by case basis)...nobody can tell whether or not a certain person is confabulating. Which is a huge risk of hypnosis. Competency of Juror as Witness FRE 606
FRE 606: Competency of the Juror as Witness At the trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called to testify, the opposing party should be afforded an opportunity to object - out of the presence of the jury. Inquiry Into Validity of Verdict or Indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may...
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