Archive for April 25, 2007
Preparing a witness to testify
Apr 25th
Most of us, at some point or another, will be conducting a trial. The most essential aspect, of course, is the testimony. Without testimony, there is little evidence, especially in criminal trials. So how do you do it? How do you prepare your witness to testify? Scouring the web, I found two nice articles.
So what are the salient features?
Practice – practice the direct testimony over and over again. I usually do this in four steps:
- First, I go over a general outline of the legal standard with the witness and what evidence I need from the witness.
- Second, I go over the general outline of the questions I will be asking. Now this is an area where personal preferences come in. Sometimes it may be prudent to give the witness a written list of questions and sometimes just a general sense of where the questioning will go. I prefer the latter.
- Then I conduct a lengthy, in-depth direct examination, usually with another attorney playing opposing counsel (for objections and such). This takes time, but is worth the effort.
- Finally, a few weeks after step 3, I go over the direct again, just to cement things.
Attentiveness on the stand – This is a must. We’ve all had runaway witnesses that will say more than they should. I always emphasize that it is very important to listen to the question asked and answer only the question asked.
Truthfulness – Obviously, we all know that this is the most important aspect of any witnesses testimony. Absolute and complete truth at any point. Hammer it home. Doesn’t matter what the question is; always the truth. The truth may be that the witness cannot remember, which is perfectly acceptable.
There are several other minor things, but for me, the above “rules” are essential. What about you, O Criminal Defense Bar? Any particular quirks you like to employ? Any techniques you have found useful?
Alert and alive
Apr 25th
Here’s a fantastic old school video about proper arrest procedures. Watch and enjoy.
Iowa: It’s like you’re always stuck in second gear*
Apr 25th
Iowa was supposed to be on the forefront of the “revisit residency restrictions” movement. Iowa was supposed to be the vanguard of the sensible restrictions movement. Iowa was supposed to show the rest of the country that these draconian laws don’t work and here’s how to do it.
Unfortunately, not so fast. It seems that – as all hot button political issues go – this has become politicized and stuck in a quagmire (For those keeping track, that’s two sitcom references).
Iowa sheriffs and prosecutors on Monday blasted lawmakers for failing to roll back a controversial and politically charged law restricting where sex offenders can live.
“They’re just afraid to take action, and the people of Iowa should be ashamed,” said Story County Sheriff Paul Fitzgerald. “It’s absolutely politics at its worst.”
Earlier this year, the bipartisan panel heard during a series of public meetings from a number of groups – sex offender experts, statewide law enforcement associations, prevention experts and victims – who uniformly criticized the state law banning sex offenders from living within 2,000 feet of schools or child care centers.
However, those on the other side of the aisle are firm in their belief that this is not what the residents of Iowa want.
But Senate Minority Leader Mary Lundby of Marion said Republicans would resist any attempt to repeal the 2,000-foot law, which went into effect in 2005. Lundby said her belief is that people do not support such a move.
“My message hasn’t changed since the beginning of the session,” she said. “We will support additional spending for monitoring (sex offenders) and additional assessment, but people across the aisle don’t want them in their neighborhoods, period.”
It will be very interesting to see how this all plays out – with the end of session on Friday.
See also: SexCrimes and Corrections Sentencing
Previous coverage:
*My sincerest apologies to those that had repressed any memory of that song and that show.
Victim’s rights movement – penultimate thought
Apr 25th
All this discussion about victim’s rights and the push for greater involvement leaves me with one conclusion: This is a product of the unhappiness on the part of victims brought about by a lack of communication from prosecutors.
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