How to Prepare and Testify as a Witness

How to Prepare and Testify as a Witness

Michelle VisteExecutive Director, Office of Crime Victim Services

Wisconsin Department of Justice

Goal of Presentation:

•To enhance your ability to effectively and ethically testify as a witness in court

MOST IMPORTANTLY

You are in court as an independent witness

Three Things to Cover in Presentation:

Preparedness

Demeanor

Tips and Techniques

Why Prepare?

The 4 C’s

Certain

Confident

Consistent

Credible

Preparedness

STEP ONE:

Review Report, Records, Notes More Than Once

Preparedness

STEP TWO:

Meet With the

Prosecutor

Meeting with the Prosecutor

DODiscuss the

questions you will be asked and practice answering

them

Ask how the prosecutor wants you to say

something

Be up front about the

limitations of your testimony

Ask if there are any pretrial rulings you should be aware of

Know the rules,

policies, and procedures of

the court

Discuss what exhibits will

be used

Meeting with the Prosecutor

DON’T

Ask the prosecutor what they want you to say or let the prosecutor

tell you what you should say

Let the prosecutor prepare you by just reading typed questions

and answers

Contact by Defense Team

You may be contacted defense

counsel or a defense

investigator

You can speak with them, but

are not required to

You can tell them you will

speak with them if the

prosecutor is present

Watch Other Trials

Prepare Physically and Mentally

Demeanor- Out of Court

Dress Professionally

Behave Professionally

Demeanor- In Court

• Speak slowly and clearly and keep your voice up

• Speak into the microphone if there is one

• Drink water if you need to

• Be prepared to have to stand up and walk around

• Stay as calm and relaxed as possible

• Be professional

Role of the Defense Attorney

Role of the Defense Attorney

Duty to Protect Client’s Interest

Paid to be the Defendant’s Advocate

Goal is to take the focus off the defendant and place it elsewhere

Admit you made a mistake only if you actually made a mistake

Tips and Techniques

ALWAYS TELL THE TRUTH

• More than just refraining from telling a lie

• If you tell the truth and tell it accurate, you have nothing to fear on cross-exam

• Even a mild distortion of the truth can be used to discredit your entire testimony

TipsListen to each question carefully

Take your time before answering

Do not guess or speculate

Only answer the question that has

been asked

Tips

TipsLook at the jury when answering

questions

Talk at the jury’s level

Do not omit unfavorable facts

Clarify or correct inaccuracies

Tips

Exhibits

Your CV or resume

Your report

Medical Records Demonstrative Exhibits

Photos

ObjectionsPAUSE before you answer; if you already

started, STOP answering

OVERRULED means you may answer the question

SUSTAINED means you don’t answer the question and wait for the next question

Maintain Composure

Be polite, courteous

and straight-forward

Never be angry or

speak out of turn

Do not be sarcastic or rude with an attorney

Avoid personality

contests with

defense attorney

It is the prosecutor’s

job to advocate for the victim

Discussion Questions

•You are asked on the stand whether you met with anyone to discuss the case prior to your testimony. What do you say?

Discussion Questions

•The prosecutor hands you a script with the questions and answers for your testimony for you to memorize. What do you do?

Discussion Questions

•What would you do if a lawyer asks you to give your opinion as to whether you believe the victim when you are on the stand?

Testimony Outline

• Sworn In• Establish your connection with the case• Educational background, training, and experience• Examination• Conclusions• Cross-Examination• Re-Direct• Re-Cross

Questions/Further Discussion

Thank you for what you do!!!!

Michelle Viste, DOJ

[email protected]

(608)266-0109