How to Be an Effective Witness
What is a witness?
It's someone who has seen or has information about a crime. An effective witness is someone who speaks out about crime and injustice -- to the police and in a court of law. It is part of fulfilling your duty as a citizen. An effective witness:
cooperates fully with authorities
participates actively in the judicial process every step of the way
testifies honestly and fairly at all hearings
Why is being an effective witness important?
Because justice depends on effective witnesses. As a witness, you play a key role in the fight against crime and injustice. Law enforcement officers and lawyers can go only so far in gathering the facts. They rely on citizens like you to provide the rest of the information they need.
FACT: Prosecuting attorneys are unable to convict many criminals without the help of cooperative witnesses.
You and the Judicial Process
Legal proceedings begin when the courts believe a crime had been committed (after a witness complaint, police investigation, etc.).
If the courts need your help in the case, they'll send you a SUBPOENA (also called a SUMMONS). A subpoena is an official order from the court instructing you to appear at a trial or hearing.
Keep your subpoena. It contains valuable information, such as when to be at the hearing (time and day), what to bring, where to appear, who to call for more information.
Obey your subpoena. If you don't, the judge could charge you with "contempt of court", a crime for which you could receive a jail term or fine.
If you have questions about your subpoena -- call. It is important that you follow all the instructions - make sure that you understand them completely.
Remember - you're legally bound to obey your subpoena. If you're unable to attend any hearing, check to see if it can be rescheduled.
If you receive a subpoena
Many people are afraid of appearing in court. But there is really nothing to fear. If you are nervous, call the district attorney's office to find out if there is a victim/witness advocate program. These programs offer a variety of helpful services.
Visit the courthouse a few days before your scheduled appearance. Get to know the surroundings, so you'll be more comfortable when the hearings begin.
When the day for your testimony arrives. Call the courthouse and the attorney who subpoenaed you to make sure there have been no changes in the schedule. (Give the case number on the subpoena.) Then report to the courthouse as instructed.
Your day(s) in court
Besides the actual trial, you may be required to appear at a number of hearings. What you can expect depends on many factors, including whether the case is a felony (punishable by a prison sentence), a misdemeanor (punishable by a fine or short prison sentence), tried in a state or federal court.
Arraignment. Usually the first time a suspect appears in court. The charges are read and a plea (guilty, innocent, etc.) is entered. Witnesses usually need not attend.
Preliminary (or probable cause) hearing - determines if there's enough evidence to proceed with the case. This hearing is held before a judge.
Grand jury hearing - held in serious cases to determine if there is enough evidence to issue an indictment (another term for a criminal charge).
Deposition - a meeting before the trial where your statements are taken for use later. The setting may be informal, but the statements are taken under oath.
Pretrial conference - lawyers in a case meet to share information or reach an agreement before trial.
Pretrial motions - where the judge makes a legal ruling on an issue (or motion) before the trial begins.
Note: The defendant (person accused of the crime) may change his or her plea to "guilty" before the trial. If this happens, you may not have to testify in court.
Courtroom Personnel
In addition to the judge, jury (if any) and attorneys, you may find these people in the courtroom:
baliff -- keeps "order in the court" in charge of the swearing in of witnesses, etc.
clerk of the court -- handles paperwork, documents and other evidence admitted into court.
court reporter -- keep a word-for-word record of the trial.
How do I testify effectively?
You will be asked what you saw or heard. You must tell "the whole truth and nothing but the truth" -- anything less could lead to:
Dismissal. If your testimony is found to be inaccurate or untruthful, the judge may decide to drop any charges.
An incorrect verdict. It is possible that dishonest or incomplete testimony could lead to an unjust conviction or acquittal (verdict of "innocent").
A charge of perjury. Perjury is a crime. It's purposely lying while under oath. You may be subjected to prosecution if you do.
Courtesy in court is important
Address the judge as "your honor". The judge is an important official who deserves your respect.
Never be rude or short-tempered. Don't lose your patience, and never talk back to the attorneys.It's their job to question and challenge you.
Be properly groomed and dressed. Dress as you would for an important meeting. Don't wear T-shirts, jeans, or flashy clothing.
Treat courtroom personnel with respect. They are there to help you, and they deserve your courtesy.
Address the jury. Speak clearly and naturally, directly toward the jury - just as you would with friends or neighbors.
Don't joke around. A trial is serious business. Humor is not appropriate.
Respect is a two-way street. It's important that the judge and jury trust you and your testimony. Earn that respect by treating them with courtesy.
Before you testify
Take these steps before you take the stand:
Review your statements. If you made a deposition or any other statement, read it over. It may have been several months since you made this statement, and it's important that your testimony is consistent.
Picture what will happen. Go over your testimony in your mind. Be sure you can testify with confidence about all facts and events you remember clearly.
Talk things over. You may want to discuss your testimony with the attorney who subpoenaed you. There is nothing wrong with this, as long as you tell the truth at all times. (Check with the district attorney's office before discussing your testimony with anyone else.)
When you are called to testify
Remember the two keys to being an effective witness: honesty and courtesy. In addition keep these tips in mind:
Stay calm. Show confidence in yourself and in what you're saying. Imagine you're talking with family or friends.
Answer questions directly. Answer with a simple, polite "yes" or "no" when possible.
Don't ramble. Stick to the question at hand, and don't offer more information than is necessary.
Make certain you understand the questions. Ask the lawyer to repeat or rephrase anything that isn't clear.
On the witness stand
Don't fake it. If you don't know the answer to the question, say so.
Take your time. Do your best to give a complete and accurate answer without rushing.
Wait for the judge to make rulings. If an attorney objects to a question, don't answer it until the judge tells you what to do.
Keep cool. Remember - try to remain calm, confident and under control, no matter how much the attorney tries to upset or intimidate you.
Be confident. Avoid saying "I think" or "I believe". Take a few seconds to consider your answer, if you're unsure of what to say.
Ask for a break. It's important that you stay on your toes, so ask the judge for a breather if you feel yourself getting weary.
Witness Rights
Concern is growing over the treatment of victims and witnesses of crime. Many courts now officially recognize and protect the right to:
Information about a case. Witnesses must be kept up-to-date about the scheduling, status and outcome of a case.
Job security. Witnesses must be protected from any difficulty with employers resulting from absence from work.
Witness fees. Witnesses must be paid for appearing in court when subpoenaed.
Protection from intimidation. Witnesses must be vigorously protected from threats or harrassment regarding their testimony.
Many states have legislated an official victim/witness "bill of rights". Check with your District Attorney to find out about your rights as a witness.
Where to go for help
Many district attorneys have victim/witness advocate programs to help make being a witness easier and more satisfying. Typical services include:
Information concerning schedule of hearings, delays, outcome of the case, etc.
Counseling and support during the case, as well as referrals to area social services.
Practical services, such as child care, transportation and lodging, parking, etc.
Aid in employer relations, for those who are forced to miss work in order to testify.
Copyrighted information property of Channing L. Bete Co., Inc. For more information or a copy of this booklet, call (800) 628-7733.