Witness Preparation/Examination Part 2

Witness Preparation and Impact on Credibility

  • The development of a witness's testimony depends on the witness's identity and the significance of their evidence to the case.

    • Key witnesses must be presented as three-dimensional characters to help jurors understand their perspectives deeply.

    • Additional background information should be acquired from:

      • The plaintiff and defendant in civil cases.

      • The accused in criminal cases.

      • Expert witnesses in all cases.

  • Non-verbal communication is essential in assessing a witness's credibility. It begins the moment the witness enters the courtroom and continues until they leave.

    • Non-verbal cues can sometimes have a greater impact on juror decision-making than the witness’s spoken testimony.

  • Physical appearance of witnesses influences their perceived trustworthiness:

    • While the inherent physical characteristics of a witness cannot be altered, their clothing and demeanor can be refined.

    • Discuss with the witness what they plan to wear to court and advise on appropriate attire without imposing views on what "appropriate" means, as perceptions vary.

    • Examples of attire:

      • A dark suit or blazer may be suitable for male witnesses, but if they do not typically wear suits, consider business-casual options.

      • Uniforms may be appropriate for police officers, security personnel, etc., especially if their testimony relates to their work experiences.

  • Orientation of witnesses to the courthouse environment is crucial:

    • The courthouse can be intimidating for witnesses who are not familiar with it. Preparing them involves:

    • Showing where to sit prior to giving evidence.

    • Walking them through the process leading to their testimony.

      • Key steps to demonstrate include where to enter, which path to take to the witness box, where to take the oath, and how to position themselves while testifying.

    • The importance of first impressions is significant; jurors observe the witness while they navigate these initial steps.

    • The jurors will assess the witness's confidence and readiness to testify, so it is essential they appear composed and credible.

Examination Techniques in Trial

1. Orientation Questions

  • Purpose: These questions provide jurors with an understanding of the evidence the witness will discuss.

    • Example orientation questions may include:

    • "Constable Rich, were you the first police officer to arrive at the Johnson house?"

    • "You arrested the accused?"

    • "You conducted an identification parade?"

  • Jurors benefit from knowing what to expect as this frames their understanding of the witness’s role and evidence.

2. Transition Questions

  • Function: Transition questions signal the end of one topic and the beginning of another, helping jurors follow testifying more easily.

    • These questions serve as chapter headings allowing for smoother evidence presentation.

    • Example transition questions:

      • "Constable Rich, I'm now going to ask you questions about your arrival at the Johnson house."

      • "Ms Sing, I am going to ask you about your professional background."

3. Scene Setting

  • The significance of setting the scene is highlighted, particularly prior to action evidence.

  • Introduce backgrounds and descriptions early, akin to an establishing shot in film, allowing jurors a clear mental picture before action unfolds.

  • This method prevents interruptions mid-action that could disrupt the narrative flow and weaken persuasive impact.

4. Visual Narratives

  • Goal: Elicit descriptive, visual narratives from witnesses focusing on events to enable jurors to visualize occurrences vividly.

    • Maintain a balance between sufficient detail and excessive detail:

    • Avoid cluttering the examination with unnecessary technical information that may bore jurors.

    • Details like exact distances or precise timelines should be delivered judiciously to avoid ammunition for opposing counsel during cross-examination.

  • Preemptive Strategy: Look at the examination-in-chief from an opposing counsel’s perspective to determine if any points might be unnecessarily vulnerable.

  • Information presented should be digestible and maintain juror engagement, starting with broad context before zooming into specifics, mirroring cinematographic techniques in storytelling.

Final Recommendations

  • Ensure examination-in-chief is vivid yet concise.

  • Anticipate potential points of challenge from opposing counsel when preparing questions.

  • Moving from general contexts to specific narratives facilitates a clearer understanding for jurors, enhancing their engagement and retention of the evidence presented during the trial.