S300c courtroom testimony Flashcards
Purpose of testimony
Witnesses tell judge and jury what they know
One kind of evidence used to resolve issues
Jury
Testimony+evidence=what happened
What happens during a trial
-Formal proceeding to resolve issues
Is defendant guilty
Jury=fact ( what happened)
Judge=law( allows/denies evidence)
Rules of evidence based on two basic principles, what are they?
Relevant and reliable
Judge decides
How can you prepare if called to testify
- review facts thoroughly
- testify to what you know
- no notes on stand
- review all sources of info
- know facts before you go
Should the office or meet the prosecutor before they testify
Yes
- Understand prosecutor needs
- Discuss court appearance
- Discuss if you are contacted by anyone else about case
Confirm details of appearance
Date and time Location Dress What to bring Weapons issues Emergency contact
Your day in court
-Logistics
Know where you are going and what room to be in to meet with prosecutors
How long does it take to get to the location
Effective testimony
Tell the truth
- Think before you speak
- Speak clearly
- Avoid jargon
- Answer what is asked
- Remain impartial
- Objection/silence and wait for instructions
What is the purpose of direct examintation
Gives the witness an opportunity to tell the judge and jury about events relevant to case
Open ended questions
Will you be asked about background and education?
Yes, those are common questions
If you forget about an event or do not remember, what should you do?
Say so
If you make a mistake answering a question what should you do?
Correct your answer
What is the purpose of cross examination?
Gives defendant opportunity to raise questions about the accuracy or reliability of a witness testimony
Leading questions
If you are asked a yes or no question but feel like you need to explain what must you do
Ask if i could explain
If cross examining attorney is trying to insult you what must you do?
Do not take the bait