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14 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is giving testimony like? |
Acting out a scripted part in a movie or play. The work has been done and your role is well defined. If you have been thorough in your investigation your performance will be a success. |
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Preparing a Witness for Court |
- Even experienced witnesses need to be prepared for court - Some courts provide opportunities for new witnesses to take a tour of the courtroom. - Take the time to demonstrate the dos and donts about being a witness in court. |
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Purpose of Court Briefs |
- The court brief is the sum total of your investigation. - It is a document that pulls all of the evidence together so that a prosecuter can manage the case at court. - A court brief is not to interpret the evidence, it is to state the facts. - Avoid professional jargon and acronyms (10-11) - Should be brief and in chronological order. |
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Before Court |
- As you or your witness prepares for court, you wil ensure that your notes and files are in order and available. If exhibits are going to be presented, they will be brought to court. |
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Demeanor - Outside of Court |
- Arrive in advance - Be ready when called - Avoid making loud noises and talking - No not discuss the facts of the case, compare notes or evidence. |
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Demeanor - Inside of Court |
- Be professional - Relax (within reason) - You will be required to stand - When speaking, speak to the judge - Act respectfully - Do not lean or rock back and forth |
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Who is in the Courtroom? |
- Prosecution - Defense - Judge - Accused - Witnesses - Spectators (Jury if it is a jury trial) |
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Opinions and Hearsay |
- Unless you are an expert witness you will not be allowed to express your opinions - You can only talk about things you saw, heard, felt, smelled, touched or said. |
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Cross Examination |
- The objective of the defense is to discredit you as a witness, and weaken or destroy the Crowns case. - They will try to help their clients by using you to prove facts that assist them. |
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Cross Examination Techniques (Not all) |
- Flattery - Repeating the same question - Long periods of silence - Leading questions - Standing close to witness |
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Use of Notes |
- You will not be able to read your notes in court without permission from the judge. - You are expected to testify from your memory as much as possible. - If your notes were made at the time in question, you may be allowed to use them to refresh your memory. - Defense counsel will be allowed to examine your notes if you use them. |
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Presentation Documents |
- Info relating to defendants - Info relating to the charge - Witness, accused and expert statements - Synopsis of the case - Complete summary of the evidence - Record of accused |
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Good Testimony will be... |
- Truthful - Pertinent - Objective - Clear - Accurate |
TPOCA |
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The Seven Sins of Testifying |
- Emotion - Scripting - Unintended Admissions - Pride - Symmetry - Manipulation - Omission |
ESUPSMO |
