NCJ Number
117346
Date Published
1989
Length
11 pages
Annotation
This article provides guidelines for preparing witnesses for direct examination and cross-examination.
Abstract
Preparing witnesses for trial does not mean manipulating their testimony to the extent of perjury in the interest of winning the case. Witness preparation involves rehearsing both direct and cross-examination until the witness is prepared to tell the truth in a manner most favorable to winning the case. The witness should not be rehearsed to the point of memorized answers, since this is likely to be evident to the jury and will undermine the witness' credibility. The rehearsal should be conducted a few days before deposition or trial. The client should be instructed that the manner of testifying is just as important as what is said in testimony. This means not being defensive or hostile during the cross-examination. The witness must also be schooled in listening carefully to each question so as to answer only what is asked without volunteering additional information. During the trial, witnesses must be guided in accordance with the testimony thus far elicited. Prosecutors, in preparing witnesses, must be aware that although it is permissible for a defense lawyer to instruct clients not to offer anything to opposing counsel unless counsel requests it, a prosecutor cannot tell this to a State's witness because of the rules of discovery. Under these rules, justice requires that all information available to the prosecutor must be available to the defense.