Mastering Witness Testimony in Criminal Cases

The testimony of a witness can play a key role in helping the defense establish the facts in a criminal case. The more credible and compelling it is, the more likely it is to disprove the prosecution’s case by casting reasonable doubt on their arguments or by establishing the defendant’s innocence altogether.

To ensure a strong defense and to increase the chances of an acquittal, the defense must take steps to fully prepare a witness to take the stand. This article will outline the key elements needed to secure a strong witness testimony, ultimately strengthening the overall defense strategy.

Prepare the Witness

A criminal defense attorney needs to invest time in preparing a witness to provide testimony in support of the defendant. This will involve reviewing the facts of the case and the issues relevant to their testimony. A detailed list of questions that the prosecution could raise in response should also be considered.

Any questions and concerns regarding the trial or the witness’ role in it should be welcomed. By assuaging any nerves or fears they may have, an attorney can help to instill confidence in a witness, ensuring a more clear and coherent testimony.

A witness should also have the importance of their testimony impressed upon them and be encouraged to approach preparations with their full focus and attention to detail. By understanding their role in proceedings and the value of their contribution they can better appreciate the weight of their words and their potential impact on the defendant’s case.

Coach the Witness

The performance of a witness is crucial to their credibility and the overall success of the case. By taking them through their testimony, a defense attorney like the ones at Purser Law can gain valuable insights as to the impression they may make on a judge and jury. Factors such as their ability to recall key facts, articulate, and respond to questioning, as well as their body language, can all reveal their credibility as a witness.

For example, a witness may be prone to answering questions put to them in long, convoluted sentences leaving themselves open to inconsistencies or misunderstandings. In this case, a defense attorney can coach them to deliver clear and concise responses that address the facts and help them maintain greater control over their testimony.

Cross-Examination

This stage of criminal proceedings can unravel the good work the defense has done by exposing the flaws in a witness’ testimony or by discrediting it altogether. An experienced prosecutor will be adept at unsettling a defense witness during cross-examination and deliberately provoking an emotional reaction from them in an attempt to undermine their testimony.

To avoid this, a defense attorney should guide their witness to respond calmly to pressurized questions under cross-examination, helping them avoid potential tactics or traps the prosecution may employ. This can enable their witness to navigate this challenging aspect of criminal proceedings with greater success.

These elements can help to support a witness in delivering a confident and coherent testimony that is both credible and persuasive, ultimately bolstering the case put forward by the defense.