jadesailor14 said:Are you certain?
Of course. A witness can be anyone capable of testifying to the facts they have personally observed; that is one of the most fundamental principles taught in any American law school.
To be blunt, let's look at the specifics regarding the misdemeanor law:
Witness examination.
Subpoenaing a witness.
Article 174.
Witnesses are typically summoned based on their likelihood of providing information regarding a misdemeanor law violation, the perpetrator, or other critical circumstances surrounding the incident. It is worth noting that both the victim and the victim acting as a prosecutor may be examined as witnesses. Under the law, any individual summoned as a witness is legally obligated to respond to the summons and, unless otherwise specified by statute, is required to testify.
A witness is summoned via written notice specifying their full name, the exact time and location of their appearance, the specific misdemeanor law case involved, and a clear designation of their role as a witness. This notice must also include a warning regarding the legal consequences of failing to appear without a valid excuse. In cases involving minors under the age of 16, the summons is issued to their parents or legal guardians. Furthermore, for witnesses who are unable to attend due to advanced age, illness, or severe physical disability, the law allows for testimony to be taken at their residence. Quincy:
This has nothing to do with traffic, but I've been wondering about it. My daughters were witnesses to a truly senseless act of violence recently. Some drunk individual decided to strike their friend in the groin with a beer bottle. It was nothing short of brutal—the poor girl had all her front teeth shattered. The guy was completely wasted, acting like he just needed to find a place to set the bottle down and happened to hit her instead. Just another mindless incident of someone's bad decisions ruining a life. Piston was about 23 years old at the time, and his record was practically a laundry list of fighting charges. All three of them were only about 16 or 17 at the time, and even the other witnesses involved were minors. They all gave statements to the police, but nothing ever actually happened to the Piston. The officers made it clear right away that nobody was going to be held liable—there wouldn't even be a case filed to force someone to pay for a prosthetics specialist because there weren't any adult witnesses to back it up. |
Police officers aren't authorized to make statements like that. It isn't their place to hand out legal advice, and frankly, they haven't been trained for it.
It is quite simple, really.
If a case involves serious bodily injury, the Department of Justice initiates criminal proceedings automatically. However, if the injuries don't meet that threshold, the burden falls on the victim to kickstart the legal process themselves. From there, you have two paths for seeking damages: you can either file a civil claim as an attachment to the perpetrator's criminal trial, or wait until they’ve been formally convicted of the assault and then pursue a standard lawsuit for damages.
If the injuries aren't classified as severe, the victim really ought to have filed a private lawsuit under the relevant misdemeanor law. From there, they could pursue damages—something that can be handled directly within the criminal proceedings or later through a separate civil suit.
Everything you just said will be dictated to you by some mediocre law student, let alone an actual attorney.
There are actually highly developed, specialized methodologies designed specifically for taking testimony from minors and young children, where specially trained experts assist the court to ensure accuracy. If you're interested in digging deeper into this, pick up any standard criminal justice textbook; they almost always include a section on juvenile testimony.