Witnesses and testimonials provide a detailed picture for judges and juries of the events surrounding cases. They can also be a strong persuasive tool in a case.
It is well established that eyewitnesses’ memories can become contaminated over time from leading questions, reports from others 사람찾기흥신소 and suggestions (and even from their own expectations). This can lead to false convictions.
Eyewitness Testimony
Eyewitness testimony can be compelling, and it is hard for anyone to dispute a witness who claims to have seen the perpetrator of a crime. However, it is important for juries to know that many studies have shown that eyewitness identification can be unreliable.
Eye witness identifications can be influenced by many factors, including the timing of the memory recall (memories fade over time), the conditions in which the event was witnessed (e.g., distance from the crime scene and lighting) and predispositions and expectations that infiltrate the mind of the witness. Everyone carries with them biases and preconceived notions that influence how they interpret their life experiences. These predispositions can infiltrate memories and cause a witness to inaccurately recall an experience, even if they were actually present at the scene of a crime.
In cases like the one involving Uriah Courtney, where two eyewitnesses confidently testified that they had seen the perpetrator and could identify him from a lineup of photographs, APA is advocating in court for rulings that recognize psychological research showing how easy it is for people to misidentify someone who has committed a crime. Specifically, the APA is asking for the courts to allow defendants to question any suggestive evidence in their case and to require that judges review eyewitness identifications whenever there is reason to suspect that a witness has been influenced in some way.
Lay Witness Testimony
Lay witnesses are regular people without specialized expertise who can testify about things they personally know or perceive. Like expert witness testimony, opinions derived from a lay person’s personal knowledge are generally permitted as long as the opinion is rationally based upon perception and helpful to fact-finders in understanding a witness’s testimony or determining a particular fact in issue. Lay opinions about the intent of a crime victim, for example, are generally acceptable as long as a witness had a reasonable opportunity to observe the victim and can draw a rational conclusion about their state of mind.
A key aspect of preparing lay witness testimony is to determine whether the opinion is a lay or expert opinion. This can be accomplished through discovery or a written agreement with the witness. This will ensure that a potentially important piece of evidence is not excluded on the eve of trial.
The best way to gather potential lay witnesses for a case is to ask the plaintiff, as well as friends and family, what individuals they think might be willing to testify about their injury and how it has affected them. This will provide a wide range of potential witnesses that can help you prove your personal injury claim and give your case more weight. Often, individuals who are close to you will be more willing to testify about your injury because they care about you and will want to make sure the person responsible for the accident is held accountable.
Expert Testimony
Expert testimony is a valuable tool for attorneys to use in a case. However, expert witnesses must have specific qualifications and present facts and opinions in a convincing manner. They must also remain professional at all times and adhere to established standards and goals of excellence. Expert witnesses can provide invaluable insight into the various aspects of a claim such as the cost to repair damages, medical bills and future expenses.
Experts are permitted to testify on a wide range of subjects including accident reconstruction, computer forensics and the authenticity of documents. When forming an opinion, experts are allowed to review and discuss evidence such as inspections of a site, interviews with clients, and other documents. This allows the expert to reach a more objective conclusion than a subjective one based on memory and sense impressions.
The weight of an expert witness’ testimony depends heavily on the foundation support established prior to their opinion being given. This includes educational background, scholarly works, field studies and trainings all of which lead to an expert opinion that can stand up to scrutiny.
The rules of evidence allow an expert to rely on and repeat admissible nonhearsay machine-generated data or printouts in their expert opinion as long as they do not repeat the testimonial hearsay of another, or attempt to circumvent the Confrontation Clause by citing or interpreting an inadmissible statement made by a person other than the expert). In addition, an expert may opine concerning matters that are not personally known to them such as scientific articles read on the subject, discussions with colleagues and similar information not available to them directly.
Cross-Examination
In a case where expert witnesses are involved it is very important to have done your preparation and to be familiar with their fields of expertise. Although it is probably impossible to ever know as much as the expert, you should be able to demonstrate that you have familiarity with their expertise, and in particular with any technical terms which will be used in cross-examination.
It is very important to keep in mind that cross-examination is a form of persuasion, and that the goal is to influence the jury to reach a verdict for your client. In order to achieve this, your cross-examination must be persuasive and believable. It is not appropriate to simply attack the witness and try to make him or her look foolish. In fact, the most effective cross-examinations are those that make a positive contribution to the case through admissions rather than destructive attacks on the witness.
The first step in effective cross-examination is a thorough understanding of the prosecution brief. It is a good idea to read the brief at least twice, with a pen and a pile of post-its to write down your notes.
It is also important to consider how your cross-examination might be perceived by the witness, especially the impact of your demeanour. One of the key points emphasized by Trial Guides authors, particularly Jim McComas in Dynamic Cross Examination is that it is important to maintain eye contact with the witness.