Cecily Zamora
Witnesses are an integral part of the criminal justice system, providing information and evidence about a crime. Both the defence and prosecution can call witnesses to testify, including expert witnesses who can provide specialist knowledge or opinions. Before a trial, lawyers on both sides will want to assess the strength of their opponent's case, including finding out who will be testifying and what they will say. This involves researching witnesses, which can include finding their curriculum vitae, articles written by or about them, and previous cases they have testified in. Expert witnesses, in particular, may be researched to determine their qualifications and experience, which can then be used to challenge their recognition as an expert. While witnesses are not required to talk to the defence, most jurisdictions prohibit prosecutors from explicitly instructing witnesses not to cooperate.
| Characteristics | Values |
|---|---|
| Witness Definition | A person who saw or heard a crime take place or may have important information about a crime or the defendant |
| Witness Types | Expert witnesses, lay witnesses, fact witnesses |
| Witness Coordinator | Victim-Witness Coordinator/Advocate at the United States Attorneys' offices who will assist victims and witnesses in their journey through the criminal justice system process |
| Witness Research Tools | Google Scholar, HeinOnline, LegalTrac, Lexis Law Reviews & Journals, Westlaw Law Reviews & Journals, Fastcase, Daubert Tracker, Expert Research on Demand, TrialSmith, Congressional materials, govinfo |
| Witness Research Information | Curriculum vitae, articles written by or about the witness, cases testified in, background information, qualifications, contact information, subject of testimony |
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What You'll Learn
Researching expert witnesses
An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings. They are usually paid a fee for their consultation and testimony. Each party selects their own expert witness, and it is important to vet and qualify them to testify.
There are several online resources that can be used to research expert witnesses. Some of these include:
- Google Scholar: This is helpful if the person has an academic or legal background.
- HeinOnline - Law Journal Library: This is a member database available to most Jenkins members. This is helpful if the person has a legal background.
- LegalTrac: This is a member database available for all Jenkins' members. This is helpful if the person has a legal background.
- Lexis Law Reviews & Journals: Available on the library's Lexis computers.
- Westlaw Law Reviews & Journals: Available on the library's Westlaw computers.
- PubMed: This is a good source if the expert has a medical background.
- Daubert Tracker: This is useful for reviewing case-related information such as previous court opinions involving the expert witness.
- Expert Research on Demand (formerly IDEX): This collects court documents related to expert witnesses, including briefs and deposition testimony.
- TrialSmith: This collects court documents related to expert witnesses. Access to TrialSmith is restricted to plaintiff attorneys.
- Congressional materials: These are helpful if a person was a witness in a Congressional Hearing or the author of a CRS Report.
- Social media and networking sites: These can be used to find a wide array of material.
When researching an expert witness, it is important to find as much information as possible, including their curriculum vitae, articles written by or about them, and cases in which they have testified. It is also important to consider the geographic location of the expert, as some experts practice in multiple countries.
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Witness reluctance to cooperate
Witnesses are a crucial component of any legal case, as they provide essential facts and insights. However, witness reluctance or non-cooperation is a common challenge faced by investigators and attorneys alike. There are several reasons why a witness may be hesitant to cooperate or provide information.
Firstly, witnesses may perceive a great inconvenience resulting from their involvement in a legal case. The investigation and courtroom trial processes can be slow and time-consuming, deterring witnesses from wanting to participate. Some may also believe that their involvement will not make a meaningful difference or that their efforts will be futile. Additionally, a lack of faith or trust in the police or legal system can contribute to witness reluctance.
In certain situations, witnesses may fear retaliation or negative consequences if they choose to cooperate. This is especially true in cases involving powerful individuals or entities, such as in corporate investigations. For example, a witness reporting sexual harassment by a senior manager may face intimidation or aggression from the accused or their associates. Similarly, in criminal cases, witnesses may fear for their safety or believe that their testimony will not be kept confidential.
Furthermore, a witness's reluctance may stem from a lack of clear communication or understanding of the investigative process. Conflicting viewpoints between the witness and the investigator or attorney can also hinder cooperation. In some instances, a witness may deliberately impede the investigation by lying or providing vague answers, especially if they are biased or have ill will towards a particular party.
To address witness reluctance, investigators and attorneys must strive to understand the underlying reasons for their behaviour. Reassurances about confidentiality, witness protection programs, and explaining the importance of their testimony can help alleviate concerns. Additionally, reminding witnesses of their legal obligation to cooperate or the potential legal consequences of non-cooperation may be necessary in certain situations.
In conclusion, witness reluctance to cooperate is a complex issue that can hinder the truth-seeking process in legal cases. By understanding the reasons behind a witness's hesitation, investigators and attorneys can employ effective strategies to encourage cooperation and obtain the necessary facts and insights.
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Witness background checks
For example, when researching an expert witness, attorneys should conduct a thorough background check to ensure the witness's credibility from both a professional and ethical standpoint. This includes finding their curriculum vitae, articles written by or about the witness, and cases in which the witness has testified.
Online tools and databases, such as Google Scholar, HeinOnline, LegalTrac, Lexis Law Reviews & Journals, and Westlaw Law Reviews & Journals, can be utilised to research a witness's academic and legal background. Additionally, congressional materials can be searched if the witness was involved in a Congressional Hearing or authored a CRS Report.
Background checks are not only limited to expert witnesses but can also be conducted on opposing witnesses to uncover potential compromising information or to attack their credibility. This due diligence process is essential for attorneys to build a strong case and make informed decisions.
Furthermore, background checks can assist in jury selection by helping lawyers identify potential jurors' biases and ensure impartiality. Overall, witness background checks are a powerful tool that enhances the ability of legal professionals to navigate complex matters and pursue justice.
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Witness CVs and articles
Witnesses are a crucial part of any legal case, as they provide firsthand knowledge or information about a crime or incident. When preparing for a trial, both the prosecution and the defence teams will research and interview witnesses who could be called to testify. Witness testimony can significantly influence the outcome of a case, so it is essential to thoroughly assess their credibility and expertise.
Witness CVs
Witness CVs, or curriculum vitae, are documents that outline a witness's qualifications, experience, and areas of expertise. When creating a CV for a legal case, it is essential to focus on providing clear and concise information that demonstrates the witness's competence and qualifications relevant to the specific case. Here are some key considerations for witness CVs:
- Relevance: The CV should focus on the issues before the court. Include only the knowledge, skills, experience, training, or education relevant to the case.
- Clarity: Ensure the CV is well-structured and easy to understand. Provide clear information about the witness's qualifications and experience.
- Regulatory or Professional Membership: Include the witness's registered membership in any relevant regulatory or professional bodies. This serves as a "reliable, one-stop, authentication method" to establish their expertise in their field of practice.
- Formal Qualifications: List the witness's relevant formal qualifications, academic degrees, or certifications.
- Published Work: Mention any relevant published papers, textbooks, or other written work by the witness.
- Experience: Describe the witness's current practice and how often they encounter the issue before the court. Include any relevant teaching, training, studies, or committee work.
- Length: Keep the CV concise, ideally within one or two pages.
- Court vs. Marketing CV: Distinguish between a court report CV and a marketing CV. The court CV should be tailored to the specific case, while the marketing CV can include a broader range of information sent to instructing solicitors.
Witness Articles
In addition to CVs, articles written by or about a witness can also be valuable sources of information. These articles may include academic papers, industry publications, or news articles. When researching a witness, consider the following:
- Academic Background: If the witness has an academic background, search for their publications or articles in academic databases or Google Scholar.
- Legal Background: For witnesses with a legal background, HeinOnline and LegalTrac member databases can be useful.
- Medical Background: For medical experts, search PubMed for their publications or research.
- International Presence: Consider the witness's geographic reach. If they present at international conferences or publish in international journals, ensure your search strategy reflects this.
- Expert Witness Directories: Websites like Experts.com offer expert witness directories, profiles, CVs, and articles across various areas of expertise.
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Witness testimony descriptions
Witness testimony is a form of evidence that can significantly impact the outcome of a case. Witnesses are individuals who have relevant information or evidence regarding a crime and can either be victims of the crime or people who saw or heard the crime take place. Witnesses are required to provide truthful testimony under oath or affidavit in a trial or other legal proceedings. They meet with the attorney beforehand to review their testimony and prepare for the proceedings.
There are several types of witnesses who can provide different insights and evidence. Eyewitnesses are individuals who directly observed the crime or related events. Their testimony can be powerful, but it is also subject to scrutiny due to potential memory distortion, bias, and external factors such as stress and lighting conditions. Character witnesses, typically family members or acquaintances of the defendant, provide facts and assessments about the defendant's character and behaviour history. Expert witnesses offer specialised knowledge relevant to the case, while law enforcement officers provide observations and findings from the crime scene and interactions with the defendant.
The credibility of witness testimony is crucial, as it can influence the jury's perception of the witness's trustworthiness and believability. Factors such as consistency in statements, demeanor, and potential biases can impact a witness's credibility. Cross-examination is a critical tool for challenging witness testimony, where inconsistencies, biases, and other factors undermining credibility can be exposed.
Researching witnesses is an important aspect of trial preparation for both the prosecution and defence. It involves gathering information about the witness, including their curriculum vitae, articles written by or about them, and their previous testimonies. This research helps attorneys assess the value of a witness's testimony to their case and develop strategies to challenge or support their credibility.
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Frequently asked questions
A witness is someone who has information or evidence about a crime and provides this information to a law enforcement agency. They may have seen or heard the crime take place or have important information about the crime or the defendant.
Non-expert witnesses are often referred to as "lay witnesses" or "fact witnesses". Expert witnesses, on the other hand, are usually qualified individuals who provide expert opinions on a particular subject matter relevant to the case. For example, a psychologist may be called as an expert witness to explain why a victim of abuse did not leave their abuser.
As part of the discovery process, both sides can ask each other to identify any witnesses and disclose if they plan to use any during the trial. Depending on the type of case, witness lists may be automatically exchanged before the trial. Otherwise, a witness list must be requested during discovery.
Yes, it is important to find out as much information about a witness as possible. This includes their curriculum vitae, articles written by or about them, and cases in which they have previously testified. Expert witnesses, in particular, can be researched to determine if they are experienced enough to qualify as an expert.
The defense may want to talk to witnesses in person or over the phone to gather additional information beyond what is provided in their statements. Prosecution witnesses are often reluctant to talk to the defense and are not required to do so, although most jurisdictions prohibit prosecutors from explicitly instructing witnesses not to cooperate.
