Performing on the Witness Stand
Performing on the Witness Stand
As a witness to a court process, an individual is a vital part of a legal process. A witness can determine whether a defendant is guilty or innocent. There are four essential areas that are vital for and individual taking a witness stand in a court.
Pre-Trial Preparation
Pre-trial preparation refers to the period before the witness takes the stand in a legal court. It is vital that the witness prepares before he or she takes a stand. First the witness must review his testimony and understand it. This is the testimony that the plaintiff will use to question the witness and determine the credibility of the information presented in court as evidence. In case of discrepancies, the witness must alert the counsel so that the counsel determine a strategy of managing it. The witness must also rehearse with the counsel by anticipating questions that might be asked (Hails, 2011). In case there are exhibits related to the court hearing, it is vital to clear them with the counsel before presenting them before the court. If, for instance, an individual is preparing to take the witness stand over a robbery case. It is vital that the witness rehearses his testimony and clarifies details such as the day and time of the event. The witness must familiarize himself with all the details that he provided regarding the case. Finally, it is vital that the witness arrives early for the hearing so as to familiarize oneself with the building and the courtroom and calm his nerves.
Physical Appearance and Mannerism Dos and Don’ts
The physical appearance of the witness goes a long way to determine the credibility of the information he provides. It also determines whether the jury will take the witness seriously (Hails, 2011). Overall, physical appearance and mannerism will have an effect on whether the witness’s testimony passes as credible. Avoid conspicuous colors of clothing; do not go to the witness stand with conspicuous body piercing such as the tongue and lip. It is also vital that the witness avoid excessive jewelry and make up. A court proceeding is a formal process, and the witness must dress in official attire.
The Four Avenues of Attack by a Defense Attorney
The defense attorney aim is to show that a witness is not credible. The first avenue of attack is the testimony that the witness provides. He may pose conflicting questions to a witness to determine whether the information the witness had provided is true. The defense attorney can also use the character of the witness. It is vital that the witness does not have a questionable character. The defense attorney can also question the witness as to why he is testifying in the case. In such a situation, the witness should not give any other reason, but that he was asked to be a witness (Hails, 2011). A defense attorney can also use exhibits provided in court as evidence. It is vital to fool proof any exhibits before presentation in a court.
Five Survival Hints to Use on the Witness Stand
A skillful counsel will inform the witness of the essential survival techniques while on the witness stand. First the witness must connect with the jury. This is possible through eye contact. The witness, while narrating events, must maintain eye contact with the Jury. It is the jury that needs convincing over the credibility of the testimony presented. Engaging the jury when on the witness stand, guarantees that the witness captures the attention of the panel. For example, when describing allocation, it is vital that the witness is a vivid as possible and not simply giving the street name and address. The second survival technique is confidence in which the witness must walk confidently to the witness stand when called (Hails, 2011). He should also speak in a steady conversational tone i.e. not whispering or shouting. The third survival technique on the witness stand is always asking for clarification. The witness must not respond to questions that he does not understand lest he trapped by the defendants counsel. It is also vital that the witness reflects over a question before responding. This ensures that he gives a response that does not contradict with his testimony.
Reference
Hails, J. (2011). Criminal evidence. Cengage Learning
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