What Role Do Witnesses Play At Trial?

Whether you are preparing for your own criminal trial or for testifying as a witness in someone else’s trial understanding the roles of witnesses and the common questioning techniques they face will be helpful. Witnesses have a huge role in the outcomes of trials. That could mean the difference between you going to prison and being acquitted.

This article answers several questions about criminal trial witnesses. The best source of information and legal advice for your criminal trial and for the criminal justice system will be your experienced criminal defense lawyer. They will be able to identify the best witnesses to call on your behalf as well as develop strategies to challenge the reliability of the prosecution’s witnesses.

What Does a Witness Do in a Criminal Trial?

There are several different types of witnesses at criminal trials. They include:

• Fact witnesses: These witnesses have first-hand knowledge of the facts of the case.
• Eyewitnesses: A type of fact witness, these witnesses saw the incident in question.
• Character witnesses: These witnesses know the defendant well and testify on their behalf.
• Expert witnesses: These are usually paid experts who have specialized knowledge in a particular field, such as forensics. They testify about complex issues or some aspect of the trial that needs scientific explanation. Jurors do not have to believe expert witness testimony.

All criminal trial witnesses are there to give witness testimony — to tell what they know about the case. Usually, witnesses sit at the witness stand.

What Is the Difference Between Direct Testimony and Cross-Examination?

All witnesses answer questions posed to them by attorneys — either the prosecuting attorney or the defense attorney.

Direct testimony is when a witness in a court case tells their side of things on behalf of whoever calls them to the stand, either the prosecution or the defense. A side calls the witness and shepherds them through the story they want the witness to tell with few surprises and little challenge or disruption.

Cross-examination follows direct examination. The side who did not call the witness asks them questions in an effort to diminish the reliability and believability of their testimony. Usually, the goal is to make the jurors question how honest the witness is and whether they should believe them or not.

The Rules of Cross-Examination

The main rule concerning cross-examination is that the cross-examining attorney can only ask questions:

• About subjects the witness was questioned on during direct examination
• Concerning or challenging their reliability as a witness

Cross-examining attorneys can also ask leading questions. These are questions asked in a way that suggests an answer. Questions like, “It was pretty dark when the robbery happened, right?” That question would be objected to if it were asked directly because it assumes the answer.

Standard Cross-Examination Techniques

Depending on the lawyer’s style and the nature of the trial, lawyers can use several tactics during cross-examination. You should prepare yourself for cross-examination by practicing with your defense attorney. Usually, lawyers will ask questions quickly to try to catch you off guard. They will also ask you to restate your story in painstaking detail to try to call out any discrepancies.

Attorneys must be careful when cross-examining some witnesses that jurors might perceive as likable or more worthy of respect, like police officers.

How Witnesses Prepare for Cross-Examination

If you’re going to be a witness, preparing and practicing for cross-examination is critical. Review everything you are going to say on direct examination. Practice keeping calm, speaking clearly, and answering questions slowly and confidently (but not too confidently). Remember, it is always acceptable to say “I don’t remember” or “I don’t know’ if you do not remember or know the answer to a question.

How To Impeach a Witness’ Testimony

Impeaching a witness means challenging their reliability. This usually happens by identifying any differences in what they’ve said and showing that they might have reasons not to tell the whole truth.

Objections During Cross-Examination

During cross-examination, you will likely hear your defense attorney saying “Objection” frequently. That means they believe there is a flaw in the question the attorney just asked you. Hearsay, speculation, lack of foundation, argumentative, asked and answered, misstates evidence, irrelevant, vague, and prejudicial are common types of objections.

A good defense attorney will know when to object and know the best methods to keep questions that would prompt damaging answers from ever being answered. If your attorney objects while you are answering, you should stop answering the question right away and wait for the judge to decide on the objection.

Get an Attorney’s Help Before You Testify

Lying under oath, or perjury, is a crime. If a witness lies while under oath they could face large fines and jail time.

An experienced criminal defense attorney will know who to call and how to question them to give you the best chance for an acquittal. Legal representation is the best way to get the testimony you need. Additionally, a criminal defense lawyer will know how to use a subpoena to make a reluctant witness who can be helpful for you but who does not want to testify come to court.