| Courts, Police
and Prosecutors have an increased commitment to addressing the needs of
crime victims and witnesses. As a victim or witness of a crime, their
assistance is important to our system of criminal justice.
As a victim or witness, they find yourself in the same situation as
do many others, you may be unfamiliar with court procedures and have
fears and uncertainties about what is expected or required of witnesses.
This article, compiled from suggestions of prosecutors offices, provides
a brief explanation of what to expect on the witness stand. COURTROOM
PROCEEDINGS:
One of the fundamental rules in a criminal case is that both the prosecution
and defense have an opportunity to question the witness. There are specific
rules of evidence which must be followed by the court. At times, these
rules may seem unnecessary or frustrating but they are directed toward
one goal- to determine the truth in the case. Some guidelines for you
to remember: GUIDELINES FOR WITNESSES IN CRIMINAL TRIALS
1. Prior to testifying, try to prepare yourself by recalling the incident
in your mind, but do not memorize your testimony. 2. You are sworn to
tell the truth. Tell it by answering accurately about what you know.
3. Listen carefully to the questions asked and think before speaking.
If you do not understand the question, ask that it be repeated or explained.
Do not look for assistance from the policeman or prosecutor when you
are on the stand. If you need help, ask the Judge. 4. Speak clearly
and loudly. 5. Answer only the question asked, directly and simply.
Do not volunteer information. 6. Do not guess or speculate. If you do
not know the answer, be sure to say so. If you give an estimate, make
sure everyone understands you are estimating. 7. Do not answer if there
is an objection. 8. Do not lose your temper. Upon cross examination,
remain calm and composed. 9. Always be courteous, even if the attorney
questioning you appears to be discourteous. Being polite makes a good
impression on the court and jury. Do not try to be "smart"
or evasive. 10. Be serious in and around the courtroom. Avoid joking.
11. Neat appearance and proper dress are important. 12. If the question
is about distance or time and your answer is only an estimate, be sure
to say that it is only an estimate. 13. Leave the stand with confidence,
knowing that you have presented the truth to the best of your ability.
Fears/Threats
If you have any fears about your involvement in your case, contact
your own town's local police department. On extremely rare occasions,
you may receive a threat. If you are threatened, immediately contact
your law enforcement agency to get immediate assistance. ON BEING A
WITNESS:
No crime can be solved without the help of witnesses. It is your duty
as a witness to give your testimony when needed. While it may not always
be convenient for you to come to court to testify, please keep in mind
that some day you may be a victim and your own case may depend on the
willingness of a witness to come forward and tell what he/she knows.
As your case is being prepared for trial, it may be necessary for the
Prosecutor's Office to contact you. It is important to keep the Court
and Police informed of your current address and telephone number. If
you move, be sure to let them know. SUBPOENA
A subpoena is a court order directing you to be present at the time
and place stated. You may receive your subpoena by mail or in person.
When you receive a subpoena to appear in court, you are required by
law to attend. Be sure to bring the subpoena to court. WHERE DO I GO?
You will find that most subpoenas will request that you report to the
Court on the date set for your appearance as a witness. This is to allow
the Prosecutor an opportunity to discuss the case with you prior to
your actually taking the witness stand. GET COMFORTABLE
Get a good night's rest. Dress conservatively. Your normal business
attire is probably about right. Be early. Give yourself a few minutes
to experience the room in which you are about to testify. It is going
to be a strange environment for you, so walk around. Get used to the
lighting, the acoustics, the distance your voice might have to travel.
JUST THE FACTS
Leave your impressions from film, television and other folklore at
home. In the real world, the attorney seeking your testimony wants from
you but one thing; the facts. What you saw. What you said. What you
did.
In limited circumstances, what you heard. Unless you are asked to do
so, do not draw conclusions. Unless you were called as an expert witness,
keep your opinions for another day. RULES TO REMEMBER
* Rule 1. If you are asked what time it is, give the time. Don't offer
instructions on how to build a watch.
Listen to the question, answer that question, then wait for the next
one. When they run out of questions, your testimony is over. Go home.
Don't answer a question you think was asked, should be asked, or want
to be asked. And take your time. As with baseball and other matters
of importance, there is no clock. Your testimony is very important,
that's why you were called in the first place. There is no hurry. As
in golf, there are no prizes for speed, just accuracy. * Rule 2. If
you do not understand a question, respond by saying "I do not understand
the question.'' Have counsel rephrase the question, explain or define
any word that you don't understand.
That's what you mean by ''I do not understand the question.'' It's
not impolite. You are not comparing education. You just don't understand
the question. If counsel can not rephrase the question so you can understand
and adequately respond, that's not your problem. Being a witness is
hard enough. * Rule 3. If you knew the answer some time ago, but do
not recall at the moment, say ''I do not recall'' Not everyone can remember
which shoes they wore the second Tuesday of last month. There is no
disgrace in failing to recall certain details, especially when they
are remote in time.
Your testimony is very important, that's why you were called in the
first place. * Rule 4. If you are asked a question, and you do not know
the answer, say ''I Do not know.''
Too many witnesses think they have to know, or are expected to know
the answer to practically everything asked of them while on the stand.
No one can be expected to know everything. If you seem to, your entire
testimony may appear rehearsed and unconvincing. When you don't know,
you don't know. SAY SO.. Such a reply is entirely appropriate. * Rule
5. Tell the truth.
You saw what you saw. You did what you did. If someone else has a different
version of these events, well, someone else has a different version
of these events. In the end, the judge or jury will sort it all out.
* Rule 6. Be yourself.
As you would converse with a friend or neighbor, speak in your own
words and use your own vocabulary. Answer the questions as naturally
as you can. You don't want to sound like an actor delivering memorized
lines.
There is no getting around it; while giving testimony, you are on stage.
Everyone in the room, especially trial counsel, is watching you testify.
They not only listen to your word, but watch how you present them. You
must be as relaxed and natural as possible. Body language is a powerful
communication tool. Use it properly.
HELP THE COURT REPORTER
Speak up. What you say will be taken down by the court reporter, later
transcribed onto a printed page. This is called ''making a record.''
Consider two limitations in this process;
1. Your testimony has to be verbal. It is difficult to transcribe a
nod of the head or shrug of the shoulders. Don't spread your hands apart
and claim ''About this much.'' If the answer is ''two and one half feet,''
Say so. 2. Only one person can speak at a time. Pace your responses
so as to avoid ''talking over'' the attorney asking the questions.
HELP YOURSELF
Give straight, direct and specific answers whenever possible. Depending
upon the question being asked, try and avoid needless qualifiers like
''In my opinion,'' ''I guess,'' ''I think,'' and ''I believe'' JUST
THE FACTS. Any reservations displayed on direct examination will come
back to you on cross.
If the answer is ''yes'', ''blue'' or ''I don't know,'' SAY SO. Don't
guess, exaggerate, or speak in broad, sweeping terms. Try not to generalize,
and do not explain anything unless specifically instructed to do so.
If you make mistake, or give the wrong answer, STOP.. As soon as you
realize you have given the wrong information, or left something out,
STOP. Tell the attorney you made a mistake, say ''I made a mistake.
May I correct myself.'' Clear the record then and there. It is much
better than to have the opposing attorney question you about it later
on cross examination.
If there is an objection, or if the judge or another attorney interrupts
your testimony; FREEZE. Do not say another word until instructed to
do so. The lawyers will argue out the problem on the spot. Wait until
told to proceed.
There is no need to ''squeeze in'' an answer during this process. Let
the lawyers work it out, that's what they do. HELP THE COURT
Some attorneys lose their manners right after the bar exam. Some have
the personality of a briefcase. For others, this would be an improvement.
Do your best anyway, and try to be polite. If you have a bad temper,
leave it in the elevator.
Do not engage in a battle of wits. You can't win. It's not because
you don't get to ask questions. You are gathered for the purpose of
finding the truth, not to judge who can best exchange sarcastic remarks
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