Effective Courtroom Performances for Witnesses in Criminal Trials
John-Melb
We believe that people who have in some cases lost a love one to
homicide, culpable driving or violence,and, or who have been extremely
traumatized by crime of violence or witnessed such acts,need to have a
good idea on what confronts them when they are called up as witness for
the crown. What they face is strong cross-examination from very smart
defense barristers who are out to get a client off "I would say
deviate" a not guilty by the jury or and extremely light sentence. They
will go to all extremes to discredit good honest people that have
witnessed a crime.
What we would say is that Victims of Crime are entitled to the
satisfaction of a sentence being imposed that reflects and appropriate
level of punishment that fits the crime, and with that in mind we have
put the Effective Courtroom Performance together.
We believe that this will help in tilting the balance in the Criminal
Justice System in favour of Victims, not criminals
Being call to give evidence in a Criminal Trial can be a very
intimidating feeling for people who's only experience with our Justice
System is the odd parking ticket or the like.
We here at the Crime Victims Support Association have all been through
it one way or another, we learned our court room demeanor the hard way
with the defense barrister trying to discredit you as a good witness.
Now I once asked a very well known barrister, why, the answer only
doing my job Noel, to which I answered, it would not be the same if you
had to take the Oath or and Affirmation. That I have to tell you led to
one hell of a blue, believe me I am not a defense barrister and can be
trusted. I hope this can be of help to you, just remember to be relaxed
and answer truthfully.
TO THE WITNESS As a witness to a crime, your cooperation is essential
to make the criminal justice system work. This brochure has been
developed by the Crime Victims Support Association in an effort to
lessen your inconvenience and to help you feel more comfortable in the
courtroom.
If you have any questions or problems, feel free to contact the Crime
Victims Support Association (03) 9758 4512 Victim Advocates Noel
McNamara and Bev McNamara are available to assist you. Our Office is
open to serve your needs from 8:00 a.m. to 4:30 p.m., Monday through
Friday for telephone calls. After hours, Victim Advocates may be
reached through the Message Bank.
CRIMINAL COURT PROCEDURE A criminal case is begun by the Prosecutor
filing an Information, against the defendant. Unless the defendant
enters into a plea agreement, his guilt or innocence will be determined
at a trial on a date determined by the trial judge. Unless waived by
the defendant, all trials are jury trials.
RECEIVING A SUBPOENA A subpoena is a court order directing you to be
present at the time and place stated. Once you are served with a
subpoena, you are obligated to appear. Failure to appear may be
understood as contempt of court by the judge, and may result in
dismissal of the criminal charges, so it is very important that you
inform the Prosecutor if you cannot appear as directed. Their are
provision for reimbursement of expenses other than mileage to witnesses
for court appearances at a criminal trial.
BEFORE THE TRIAL The key to any successful prosecution in a criminal
case is careful preparation by witnesses, and a thorough investigation
by the law enforcement agency. Adequate documentation is essential. All
reports, statements or other evidence in the case should be brought to
the attention of the Prosecutor well in advance of trial so that he/she
may
adequately comply with Court. The Court may exclude from the trial any
evidence where the defendant is not notified before trial of its
existence.
You are under no obligation to speak with the defendant, his attorney
or his investigator before trial. Any effort to do so should be
reported to the Prosecutor immediately.
If you have not had previous Courtroom experience, make it a point to
visit the Court and listen to others testify. This is the best way to
understand and familiarize yourself with what you will face as a
witness without taking the stand yourself. We may be able to help you
with this if required.
AT TRIAL Effective Courtroom performance is founded upon experience and
diligent preparation. Before taking the stand, you should be thoroughly
familiar with all reports prepared by you, and all statements or
depositions given by you. Any change in testimony at trial may result
in impeachment by defense counsel and points scored by his client.
It is common procedure for the trial court to exclude all witnesses
from the Courtroom while others are testifying. This is to insure that
the testimony of a witness does not influence the testimony of another.
Do not discuss the testimony of witnesses who have already testified.
Once you have testified you are free to leave the Courtroom, or remain
in the audience, unless otherwise ordered by the Judge or requested by
the Prosecutor.
WHEN TESTIFYING Here are some suggestions to keep in mind as you
prepare for your court appearance:
(1) Always tell the truth. At trial, as in all other matters, honesty
is the best policy. If you tell the truth and tell it accurately,
nobody can cross you up. Do not guess or make up an answer. If you do
not know the answer it is best to say, "I don't know." If you are asked
about details that you do not remember it is best to say, "I don't
remember."
(2) Dress neatly and conservatively, and be courteous. The way you
dress and present yourself is a direct reflection on you. You want to
be sure that your appearance and manner do not distract the judge or
jury from careful
consideration of your testimony. Police officers should be in uniform,
or in at least a sport coat and tie. No tinted glasses or flashy
jewelry. A question should be answered, "Yes, sir/madam," or "No,
sir/madam ," and the judge should be addressed as "Your Honor."
(3) Be attentive. You should remain alert at all times so that you can
hear, understand, and give a proper response to each question. If the
judge or jury get the impression that you are bored or indifferent,
they may tend to disregard your testimony. Use good posture, do not
slouch.
(4) Take your time and speak clearly and loudly. Give the question such
thought as it requires to understand it. The juror farthest from you
should be able to hear distinctly what you have to say. Do not chew gum
and keep your hands away from your mouth. Since all testimony is
recorded, do not nod your head "yes" or "no".
(5) Answer all questions directly. Answer only the questions asked,
then stop. Avoid "volunteering" information. If you do not understand a
question, ask that it be explained. Do not look at the lawyer for help
while you are testifying and never ask the Judge if you have to answer.
You are on your own. This will give the jury the impression that you
are holding
something back.
(6) Be serious in the Courtroom. Avoid joking and wisecracks in the
jury's presence. The jury is sitting in judgement of another person
whose liberty is at stake. That is always a very serious matter. BEWARE
of hallway actions and conversations.
(7) Do not lose your temper. Remember that some attorneys may attempt
to wear you down so that you will lose your temper and say things that
are not correct. Hold your temper and your testimony will be much more
valuable. Do not fence or argue with the attorneys. They have a right
to question you, and many are very expert in this craft.
(8) BEWARE of questions involving distance and time. If you make an
estimate, make sure that everyone understands that you are estimating.
BEWARE of questions asking if you are willing to swear to your version
of the events. You were "sworn" to tell the truth when you took the
stand, do not be afraid of saying so. BEWARE of questions asking if you
have spoken
to the prosecutor, witnesses, or police officers. If you have, admit it
freely. This preparation before trial is expected in each case. If you
are asked if you talked with the Prosecutor about your testimony, admit
that you met with him, talked about the case and he instructed you to
tell the truth.
BEWARE of questions asking why you don't like the defendant. you may
best respond by stating that you feel sorry for any man in trouble, but
you must tell the truth, and if the defendant is guilty, he should be
convicted. BEWARE of questions asking you if another witness was
telling the truth or lying. You can only tell the truth based upon your
observations. You have no
way of knowing what another person observed, especially when you did
not hear that person testify. BEWARE of the simple question, "Why are
you here today?" You are not here to volunteer information in order to
convict. You appeared at trial in response to being served with a
subpoena issued by the Court Clerk.
(9) Give positive, definite answers when at all possible. Avoid saying,
"I think, I believe, In my opinion." A witness testifies to facts,
notbeliefs, or opinions. Do not say, "That's all that happened." Cover
yourself, and say, "That's all I recall." Later in your testimony, you
may remember more details.
(10) Be yourself. Do not use "legalese" or police "lingo" just for the
sake of impressing the jury. It will have the opposite effect.
The most effective witness is one who can tell their story comfortably.
Just tell the truth and be yourself. Everything else will take care of
itself.
8 Simple Rules For Protecting your Children from Sex Offenders/Sexual
Predators
1) Teach Children Key Information.
Teach your child(ren) their full name, address, phone number with area
code, parents' names and work phone numbers. Practice reciting this
information often as children may often forget pertinent information
over time. Also practice how to make an emergency call to you or 000
from a pay phone.
2) Teach Children who is Safe.
Children should be taught at an early age what type of "stranger" is
okay to ask for help when they are lost or frightened. Good examples
are: a mother with children, a counter clerk in a store or a uniformed
police officer. Next time you visit a store, practice picking these
types of people out with your child(ren).
3) Know Where your Child is Going.
Children should always inform you before they go anywhere. This applies
to older children as well since they are equally at risk to abduction
by sexual predators. As you give your older children more freedom,
reiterate safety rules with them. As a parent ask the questions: who,
what, when, where, why and take the time to follow up on their
responses.
4) Teach Children about the Buddy System.
Never let your children go anywhere alone. Remind them that there is
safety in numbers and they should always use the buddy system, never
going anywhere alone. Stress the point that they should avoid
situations that might isolate them from others or crowds.
5) Don't let Children be Lured in.
Children should be taught not to go near cars or be lured by adults
asking for directions, help finding something they lost, that their
parents are in trouble and that they will take them to mom or dad.
Share a code word with your child known only to family members and
trusted friends. Make sure your child understands that they should not
accept a ride with anyone not having the family code.
6) Reinforce Safety Skills.
Parents should seize opportunities to reinforce safety skills. If an
incident occurs in your community, speak frankly about it and use this
time to discuss and re-emphasize the safety rules with them. Be sure to
comfort them with the fact that there is always someone who can help
them, other children could learn how to protect themselves from
dangerous situations by recognizing the behavior patterns of those who
might try to harm them.
7) Know how to Report your Missing Child.
Time is a very critical factor in abduction cases. Seventy four percent
of children who are abducted and murdered are dead within three hours
of the abduction. When you can not find your child, you should
immediately call your local law enforcement and provide your child's
name, date of birth, height, weight, and any distinctive marks such as
eyeglasses, braces or scars. Request that your child's information be
immediately entered into the Missing Person File. After you have
reported your child missing to local law enforcement, call Crime
Stoppers on 1800 333 000 or the Police.
8) Take the Initiative to be Informed.
As a parent, be informed by knowing where the sexual predators live in
your neighborhood and around your local schools. The Crime Victims
Support Association has a wealth of information on convicted sex
offenders all in one place, including photos, addresses, degree of
criminal offenses, and distinguishable markings. We believe every ones
is intitled to know if their is a sexual preditor living next door to
them, or in the neigborhood, unfortunatly our Government does not share
our idea. Please let your Goverment MP know your thoughts on this
important matter, after all it is their resposabilty to keep our
children safe.
Be Aware. Be Alert. Be Safe.