A Guide to Giving Evidence in Court
|
|
- Nigel Griffith
- 5 years ago
- Views:
Transcription
1 Preparation A Guide to Giving Evidence in Court It doesn't matter whether you have a lot of experience or a little - you may find that the witness box is a lonely place if you are not prepared for it. If you get it wrong the content and quality of your evidence can be lost or diminished. You are responsible for the way you give your evidence and so much depends on you. The courts will have expectations of you as a witness and these expectations will rise if you are a professional witness, i.e. appearing in court on behalf of your profession. Unfortunately however, professional witnesses are very often simply unprepared for the court experience. Have you planned and prepared for the experience of appearing in court? Are you going to present yourself as well as possible and give the right impression? Will you appear to be the professional witness that everyone expects or will your nerves take over and affect your credibility? A survey of juries who listened to professional witnesses giving evidence showed that many were not as professional as they should be. The majority appeared quite well organised and well prepared but over half of the jury members reported that a better impression could have been made. In one Crown Court four out of ten of this type of witness were considered ill prepared and poorly organised. So read on for some hints and tips on how to look good, sound good and hopefully feel good after the experience of going to court. Golden Rule; make notes as soon as is reasonably practicable When you record your evidence, you should be able to prove that any notes you made were made at the time of the event or shortly afterwards. If you can't prove that, the magistrates or presiding judge may not allow you to refer to your notes, so make sure your notes are timed and dated. Police officers record their notes in a pocket note book. This is the initial place they record all the evidence the see, hear or seize even hearsay evidence (what other people, not the suspect, have said to them). Where will you record you initial evidence?
2 Write down everything that is relevant. When you subsequently make your statement you can leave out what is not admissible to the court (as you will not be allowed to refer in court to some hearsay evidence). Recording of Documents The way that you prepare for court begins with the way you provided your evidence to the investigating officer and how you recorded the evidence that should prove or disprove the offence. Golden Rule; It may be months before a trial takes place, you should re-read your reports as background before giving evidence. You are not an "expert witness" and therefore you should be careful of expressing your opinions, either in a statement or in court." To prevent abuse of process arguments it is very important that books, records and their subsequent listings are recorded accurately, with a clear audit trail. Golden Rule; Keep accurate records Expect your notes to be challenged by the defence. Don't make the mistake of discussing your evidence with other witnesses, either before or after the court proceedings. The defendant could appeal against the verdict or the sentence and you may compromise your integrity as a witness. Never, ever, contact the defence, you must go through the investigating officer and prosecutor every time. A good witness will be fully prepared before the day of court. Golden Rule; Look the part Technically your appearance is irrelevant and the court should rely on the credibility of your evidence as opposed to how you are dressed. However, experience shows that there is no way you will retain your credibility if you do not present yourself well and create the right impression. So much depends on how you appear to the magistrates or to a jury, particularly if you are appearing as a professional witness. Looking at an extreme example, if you are appearing in court on behalf of a local or government department and turn up dressed in jeans and a tee shirt, expect the jury to make some assumptions about your credibility!
3 Ask yourself this. If appearances don't matter then why are all officials of the court, ranging from lawyers, clerks and ushers through to those sitting on the bench, dressed for the part? Think about the sort of messages you are giving others by your appearance. If you can't make the effort then you aren't just letting yourself down but also the other witnesses, including the victim. At the earliest opportunity identify yourself to the prosecutor and in Crown Court cases the prosecuting barrister. Golden Rule; Make sure you read your notes thoroughly. You must also give the opportunity to your witnesses to read the witness statement they made during the course of the investigation. It is a great temptation to discuss the case with these other people but you must not do this. People who have seen the same incident, heard the same conversation or have been involved in the enquiry will remember it differently and you may become confused if you discuss it with them. In any case, if it becomes apparent to the court that you have compared your statements or discussed evidence with each other, then you will be discredited. Good advice to those attending court is to know your evidence thoroughly. The more you can give your evidence from memory, the more weight that carries." The Oath Decide whether you take the oath or affirmation, before you enter the witness box. No matter how well you believe you know it, always read from the card given to you. When you are sworn in, don't rush it, or you may sound insincere. If swearing the oath, hold the bible (the New Testament) in your right hand at shoulder Height, and begin impressing the magistrates or jury with your honesty and integrity. If you are affirming do not raise your right hand. The oath is "I swear by almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.
4 People of different faiths will take the oath in a way appropriate to their belief, e.g. a Jew will use the Old Testament and a Muslim, the Koran. The affirmation is "I do solemnly, sincerely and truly declare and affirm that I shall tell the truth". Christians may also choose to affirm - it is just as credible as taking the oath. Evidence, If it is the first time you have given evidence, let the prosecutor know. The prosecutor will tell you whether you will be expected to give your evidence in full, or whether they can take you through it with a series of questions. Golden Rule; Arrive at Court in plenty of time This can be a stressful time, particularly if you are going to a court you don't know. The Witness Service volunteers offer an opportunity to look around the courtroom before the day of the trial and familiarise anyone with the proceedings. Make sure you get to the courtroom in good time (with any documents or exhibits you are expected to bring) and at least thirty minutes before the case is listed to begin. Find out which courtroom your case will be heard in via either the list normally displayed in the court foyer or by asking a court usher. At many courts there is now a desk to which you should report. They will check you in and be able to tell you which court you are in. Find the prosecutor who is handling your case. All criminal courts are now served by the volunteers of the Witness service; they are available to help your witnesses. Familiarising yourself with the courtroom and finding out where you will stand to give your evidence will help overcome any nerves you may have. If you haven't done so already introduce yourself to the prosecuting lawyer or caseworker who is supervising your case. Refresh your memory properly by carefully reading your statement and the notes that you made at the time making early contact with the prosecutor will ensure you are involved in any decision making about your case. You will not be allowed in the court before you give your evidence unless you have permission of the court.
5 Witnesses should properly refresh their memories prior to going into the witness box so that they are confident and convincing. In this way the fact finders can fully weigh your evidence properly without doubting your integrity, which in some cases can happen from a poor performance in the witness box. Golden rule; When giving Your Evidence speak Slowly A number of people will be writing down what you say, so wait for the judge or magistrates to stop writing before you go on. It is off-putting for someone to stop you while you are in full flow but no one has ever been criticised for giving his or her evidence too slowly! Look at the person asking you questions but then, in a Magistrates' Court, address your replies to the magistrates. Golden Rule; Maintain Eye Contact In a Crown Court address your replies to the jury, even if asked a direct question from the judge. Initially, you may find this difficult, as you are being asked questions from the prosecution and defence but then replying to others. However, this is the correct thing to do and in doing so the defence will not find it so easy to intimidate you, juries in particular will be very impressed if you can keep eye contact with them. Remember that the magistrates or the jury, even the judge, may not be familiar with the jargon you use in the workplace. Don't use abbreviations unless their use is obvious. You may appear pompous and you will be stopped as you give your evidence in order to explain what you mean. When responding to magistrates, you may call them "Sir" or "Ma'am." It is rather oldfashioned to refer to them as "Your Worships." Magistrates are not usually legally qualified and take legal advice from the Magistrates Clerk (who sits in front of them). A Stipendiary Magistrate is a barrister or solicitor who sits alone in court and is now known as a District Judge. They should be addressed as "Sir" or "Ma'am." In the Crown Court, circuit judges and recorders are referred to as "Your Honour". High Court judges are referred to as "My Lord/Lady". If in doubt ask one of the court officials before you give your evidence.
6 Using Notes You may only refer to your original notes if you ask the permission of the court first. The prosecutor will invariably ask you; "When did you make the notes?" You must be able to persuade the court that you made the notes at the time of the event or as soon as possible afterwards. Try to remember the important parts of your evidence without reading it and only refresh your memory with the notes you made. This is where your preparation will help you. If you know your evidence inside out you will come across as a more credible witness. Golden Rule; Be yourself and tell it like it is in cross-examination It is the duty of the prosecution to present the evidence fairly and impartially. It is the duty of the defence lawyer to test the accuracy and truth of that evidence and advance their client's case to the best of their ability. If the case for the defence depends on discrediting you or your evidence then be prepared for that. Don't get upset, or pretend to get upset when it is inferred that you are mistaken or even that you are lying. Your duty and professional responsibility is to give the court all the evidence available and to do that objectively and independently. Don't set out to "get a result" and don't assume an offender is guilty before he is proved innocent! Golden Rule; Don t prevaricate Don't argue with the defence and don't try to give clever answers. You should anticipate that any lawyer representing the defence in court is an experienced professional who is well versed in cross-examining witnesses. The defence may have a hopeless case which relies on them discrediting prosecution witnesses. Unfortunately in this situation their questioning will be based on experience which shows that some people rise to the bait easily, become aggressive and angry and appear unreasonable. Likewise, be prepared for the defence being inept.
7 You may be asked multiple questions - in which case you should take them one at a time and try and make it clear to the court what is happening. Expect your evidence to be challenged. If this happens be professional, always be polite and don't take cross-examination personally. (The lawyer is simply doing his/her job) If you prepare to give your evidence properly this will considerably alleviate the stress of cross-examination. You may find the defence tries to make you give a "Yes" or "No" answer, perhaps to make you commit to an answer, which is misleading. Golden Rule; Do not try to become the advocate. If you are being pressured to give a black or white answer when a more detailed explanation is required, don't hesitate to turn to the bench. Respectfully suggest that to give such an answer would "mislead the court." This gives the judge or magistrates the opportunity to intervene and often you will be allowed to give your full explanation. In the same way, if your answer begins, "Yes, but it was obvious that..." and the defence cuts you off after the "Yes", ask the court if you will be allowed to answer the last question properly. Don't stick to closed replies such as "Yes", "No" or "I don't know" if it is obvious that a further response is needed by the court - you will just appear unhelpful and defensive. When under pressure don't embellish your answers, particularly if you don't have details in your notes or cannot remember. You will only fall into the traps set by the defence. Don't be too eager to please and start every answer with "I believe". All that will happen is that one of the lawyers, if not the judge, will challenge you with "Did you witness that or not?" Golden Rule; don t grip the witness box In the witness box make sure you are standing comfortably, at ease, with your hands behind your back or loosely held in front of you. It is a mistake to grip the sides of the witness box - it is too easy to see your knuckles go white as you grip it.
8 You may need to take heavy files or records into the witness box with you. Don't make the mistake of balancing them on the side of the witness box - if they fall off you will never regain your composure! Likewise, unless you want to risk the wrath of the judge, don't rest your file on his or her bench without asking his or her permission. If you don't understand a question or forget what was asked halfway through your answer, say so and ask for it to be repeated. If you are convinced that what you are saying is the truth then don't back down, no matter what the defence say. On the other hand, acknowledge that everyone sometimes makes a mistake and don't dig a hole for yourself that you can't get out of. Golden Rule; Remember that you are not the one on trial. Once you have given your evidence to the prosecutor, been cross-examined by the defence, re-examined by the prosecutor and it has been established that the magistrates or judge have no further questions, you will be thanked and asked to sit at the back of the court. However, you may be required to be called back into the box to be re-examined. If you wish, the prosecutor will ask for you to be released from court so that you can return to work. If you prefer you can sit at the back of the court and watch how the case progresses. You might not like what you hear but be professional. Don't sit there shaking your head when the defendant or his/her witnesses give evidence which conflicts with yours. Expect the defendant to give conflicting evidence - otherwise they would be pleading guilty! Make sure that you stand, when magistrates or a judge enters a court. Everyone else will and you will look discourteous if you do not. Intimidation On rare occasions the accused will attempt to make contact with a witness, either in person or through a third person.
9 This is serious because it is a criminal offence to intimidate (frighten) a witness or anyone helping the investigating officer during an investigation. Consider what offences are concerned make the prosecutor aware and court. Deal with the matter positively to ensure confidence in the judicial system. This handout was based upon an article produced by the Department of Trade and Industry
Who s who in a Criminal Trial
Mock Criminal Trial Scenario Who s who in a Criminal Trial ACCUSED The accused is the person who is alleged to have committed the criminal offence, and who has been charged with committing it. Before being
More informationThe criminal justice system cannot function without the participation of witnesses like you.
Your Role as a Witness in a Criminal Case The criminal justice system cannot function without the participation of witnesses like you. The information you provide is evidence that helps police solve crimes
More informationWhat happens at a Crown Court trial - The prosecution case.
What happens at a Crown Court trial - The prosecution case. Please note that in the Crown Court you can be represented by either a barrister or a solicitor advocate. Representation is the single most important
More informationDefending Yourself in Court on a Not Guilty Plea
Defending Yourself in Court on a Not Guilty Plea The ideal solution when you have been charged with a criminal offence is to allow a lawyer to handle your case. However, if the matter is reasonably simple
More informationNote to Witnesses. From Justice K E Lindgren
Transcription officer Note to Witnesses From Justice K E Lindgren Most people do not look forward to giving evidence in court. A common reason is that the experience is unfamiliar. My aim in writing this
More informationCOURT IN SESSION TEACHER PACK CONTEMPORARY COURTROOM WORKSHOP CYBERBULLYING
COURT IN SESSION TEACHER PACK CONTEMPORARY COURTROOM WORKSHOP CYBERBULLYING National Justice Museum Education 2 WHAT TO DO BEFORE THE VISIT Print a hard copy of the Student Pack for each student. All students
More informationHelping people with learning disabilities who go to court
Being a witness Helping people with learning disabilities who go to court A guide for carers Being a witness Helping people with learning disabilities who go to court A guide for carers i Written by ENABLE
More informationGoing. A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court
Going to court A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court This book should be read with the assistance of an adult supporter who knows about
More informationResponse of the Law Society of England and Wales to draft CPS guidance for consultation on 'Speaking to Witnesses at Court'
Response of the Law Society of England and Wales to draft CPS guidance for consultation on 'Speaking to Witnesses at Court' March 2015 The Law Society 2015 Page 1 of 7 Response of the Law Society of England
More informationJUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS
JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS Stock Opening Instructions Introduction and General Instructions... 1 Summary of the Case... 2 Role of Judge, Jury and Lawyers...
More informationGoing to Court. A DVD and booklet for young witnesses
Going to Court A DVD and booklet for young witnesses We have prepared this booklet for young witnesses in criminal cases but other people may also find it useful. It explains what a witness is, what a
More informationA Guide for Witnesses
Community Legal Information Association of Prince Edward Island, Inc. A Guide for Witnesses Introduction You may be called as a witness for either a criminal or civil trial. This pamphlet explains your
More informationGoing to court. A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court
Going to court A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court 5051688011814 This booklet tells you: 1 2 3 4 What a witness does Who will be
More information-1- NOTES TO A WITNESS AT AN ARBITRATION HEARING
-1- NOTES TO A WITNESS AT AN ARBITRATION HEARING As a witness, you will be playing a very important role in the upcoming hearing. Through you, we present the facts that are essential to our case. Please
More informationGuidance notes for witnesses called to give evidence at Disciplinary Tribunals
Guidance notes for witnesses called to give evidence at Disciplinary Tribunals 1. Background 1.1. Giving evidence at a court or a tribunal as a witness can be very worrying, particularly if it is your
More informationGiving a witness statement to the police what happens next?
Giving a witness statement to the police what happens next? 2 Thank you for coming forward. We value your help. The criminal justice system cannot work without witnesses.they are the most important element
More informationDonoghue v Stevenson MiniTrial SCLR Edition. MiniTrial Starter Pack Chapter 2 The Student Handout
MiniTrial Starter Pack Chapter 2 The Student Handout MiniTrial Procedure To run your MiniTrial: decide who is to play which role see the list of participants below, decide on a timetable for the various
More informationThe Witness and the Justice System in Alberta
The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,
More informationHANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS
HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS Prepared for the use of trial jurors serving in the United States district courts under the supervision of the Judicial Conference
More informationProsecutor Trial Preparation: Preparing the Victim of Human Trafficking to Testify
This guide is a gift of the United States Government PRACTICE GUIDE Prosecutor Trial Preparation: Preparing the Victim of Human Trafficking to Testify AT A GLANCE Intended Audience: Prosecutors working
More informationGuidance notes for witnesses called to give evidence at Disciplinary Tribunals
Guidance notes for witnesses called to give evidence at Disciplinary Tribunals 1. Background 1.1. Giving evidence at a court or a tribunal as a witness can be very worrying, particularly if it is your
More informationWhat were the final scores in your scenario for prosecution and defense? What side were you on? What primarily helped your win or lose?
Quiz name: Make Your Case Debrief Activity (1-27-2016) Date: 01/27/2016 Question with Most Correct Answers: #0 Total Questions: 8 Question with Fewest Correct Answers: #0 1. What were the final scores
More informationPRETRIAL INSTRUCTIONS. CACI No. 100
PRETRIAL INSTRUCTIONS CACI No. 100 You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right in
More informationCase 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 0:13-cr-60245-KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 13-60245-CR-MARRA(s) v. Plaintiff,
More informationSTATE OF CONNECTICUT. Courtroom Testimony & Demeanor. Clinical Coordinator Training
STATE OF CONNECTICUT Court Support Services Division Division of Criminal Justice Courtroom Testimony & Demeanor Clinical Coordinator Training Prepared by: Francis J. Carino, Supervisory Assistant State
More informationHANDBOOK FOR VICTIMS/WITNESSES OF VIOLENT CRIMES
HANDBOOK FOR VICTIMS/WITNESSES OF VIOLENT CRIMES Thank you for your cooperation and hard work as a victim/witness. TABLE OF CONTENTS Illinois Crime Victims Bill of Rights Introduction General Information
More informationV.-E. DEPOSITION INSTRUCTIONS
V.-E. DEPOSITION INSTRUCTIONS (Note: Some of the advice provided below is applicable primarily in personal injury cases. Practitioners will wish to tailor these instructions to suit particular cases.)
More informationTrial Date and Time. In some cases, the Police Department and the defendant will reach a plea agreement in lieu of going to trial.
Trial Date and Time This dates and times of court trials are set by the Clerk of Court's office at the Portsmouth District Court. The Clerk sends an order of notice to the Police Department and issues
More information[The following paragraph should be given when the court gives the final instructions after the closing arguments:
defendant is charged, it is your duty to find him/her guilty of that offense. On the other hand, if you find that the government has failed to prove any element of the offense beyond a reasonable doubt,
More informationA Survivor s Guide. to Sexual Assault Prosecution. Nova Scotia Public Prosecution Service
A Survivor s Guide to Sexual Assault Prosecution Nova Scotia Public Prosecution Service A Survivor s Guide to Sexual Assault Prosecution Nova Scotia Public Prosecution Service Table of Contents Contact
More informationHOW A CRIMINAL CASE PROCEEDS IN FLORIDA
HOW A CRIMINAL CASE PROCEEDS IN FLORIDA This legal guide explains the steps you will go through if you should be arrested or charged with a crime in Florida. This guide is only general information and
More informationThe Criminal Court System. Law 521 Chapter Seven
The Criminal Court System Law 521 Chapter Seven The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court
More informationTell me more about court A book for young witnesses
Tell me more about court A book for young witnesses This book is aimed at witnesses aged 10 to 15, although younger witnesses may also find it helpful. What is a witness? You have been given this book
More information"Tell-Tale Heart" Mock Trial
"Tell-Tale Heart" Mock Trial Standards - RL.8.1, RL.8.3, RL.8.6, RI.8.1, RI.8.3, RI.8.7, RI.8.8, RI.8.9, L.8.1, L.8.3, SL.8.1, SL.8.2, SL.8.4, SL.8.5 Outline and Purpose Students will conduct a mock trial
More informationInitial Court Hearing
Not Guilty Client Guide 1 Pleading Not Guilty Initial Court Hearing 2 Attending Court 3 The Initial Hearing 4 Bail & Court Orders 5 Preparing the Defence Preparing your defence 6 Investigating the Crown
More informationGENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to
GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must follow the law as I state it
More information.. HOW TO PREPARE YOUR WITNESS FOR AN EXAMINATION FOR DISCOVERY
.. HOW TO PREPARE YOUR WITNESS FOR AN EXAMINATION FOR DISCOVERY )., The~ematerialswerepreparedby Murray Hinds, of Woloshyn & Company law firm Saskatoon,.Saskatchewan for the Saskatchewan Legal Education
More informationEXPLAINING THE COURTS AN INFORMATION BOOKLET
EXPLAINING THE COURTS AN INFORMATION BOOKLET AT SOME STAGE IN OUR LIVES, EVERY ONE OF US IS LIKELY TO HAVE TO GO TO COURT FOR ONE REASON OR ANOTHER. WE MIGHT BE ASKED TO SIT ON A JURY OR TO GIVE EVIDENCE
More informationTHE ANSWER BOOK FOR JURY SERVICE
THE ANSWER BOOK FOR JURY SERVICE Message from the Chief Justice You have been requested to serve on a jury. Service on a jury is one of the most important responsibilities that you will exercise as a citizen
More informationTRAVERSE JUROR HANDBOOK
TRAVERSE JUROR HANDBOOK State of Maine Superior Court Constitution of the State of Maine, as Amended ARTICLE I - DECLARATION OF RIGHTS Rights of persons accused: Section 6. In all criminal prosecutions,
More informationAlberta Justice and Solicitor General. Information for Self-represented Litigants In. Provincial Court. Adult Criminal Court
Alberta Justice and Solicitor General Information for Self-represented Litigants In Provincial Court Adult Criminal Court 1 Introduction This booklet outlines some basic information you must be aware of
More informationVictim / Witness Handbook. Table of Contents
Victim / Witness Handbook Table of Contents A few words about the Criminal Justice System Arrest Warrants Subpoenas Misdemeanors & Felonies General Sessions Court Arraignment at General Sessions Court
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or
More informationCriminal courts and mental health
Criminal courts and mental health Some people who come into contact with the criminal justice system have to go to court. This factsheet looks at the different criminal courts in England and Wales. It
More informationIf you have been a witness or a victim of a criminal offence, you may be. requested to give evidence.
220114/07 Getuige ENG 22-08-2002 09:03 Pagina 1 If you have been a witness or a victim of a criminal offence, you may be requested to give evidence. Criminal offences are brought before the court by the
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. v. CASE NO. 6:18-cr-43-Orl-37DCI JOINTLY PROPOSED JURY INSTRUCTIONS
Case 6:18-cr-00043-RBD-DCI Document 51 Filed 08/13/18 Page 1 of 34 PageID 307 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA v. CASE NO. 6:18-cr-43-Orl-37DCI
More informationThe jury panel is selected by lot from all the names of registered voters or from persons having a valid driver s license.
Handbook for Jurors Purpose of this Handbook The purpose of this handbook is to acquaint jurors with a few of the methods of procedure in district court, to tell them something about the nature of their
More informationWilliam N. Lundy Justice of the Peace
WELCOME TO THE VERDE VALLEY JUSTICE COURT. You have enjoyed the privileges of citizenship and the protection of your liberties. You will now, as a Juror, serve as an officer of the Court, along with myself
More informationJUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS
JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS As a Juror, there are certain responsibilities you will be asked to fulfill. A Juror must be prompt. A trial cannot begin or continue
More informationAN INMATES GUIDE TO. Habeas Corpus. Includes the 11 things you must know about the habeas system
AN INMATES GUIDE TO Habeas Corpus Includes the 11 things you must know about the habeas system by Walter M. Reaves, Jr. i DISCLAIMER This guide has been prepared as an aid to those who have an interest
More information1. If several suspected offenders are involved in the same criminal. accusation or indictment, no defense attorney shall be allowed to represent
Form TJ-110, INSTRUCTION FOR CRIMINAL JURY TRIAL PROCEEDINGS (Sections 6, 7, and 16, Rule 3, of the JSR) Recommendation: 1. If several suspected offenders are involved in the same criminal accusation or
More informationCriminal Law- a guide for legal consumers
Criminal Law- a guide for legal consumers In Scotland, 1 in 3 men and 1 in 10 women are likely to have at least one conviction listed on the Scottish criminal history system. 1 Involvement in criminal
More informationSection 3 Being a Witness
Section 3 Being a Witness Evidence Types of witnesses Giving evidence Attending at Court Controlling nerves Addressing persons in Court Legal jargon explained Courtroom layout Code of Conduct for expert
More informationINTERNATIONAL COURT OF JUSTICE & INTERNATIONAL CRIMINAL COURT HANDBOOK
INTERNATIONAL COURT OF JUSTICE & INTERNATIONAL CRIMINAL COURT HANDBOOK [Attributed to IASAS and ISB THAIMUN will adopt the ICJ & ICC handbook compiled by ISB for the IASAS conference in November 2017 and
More informationJURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL
JURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL Ladies and Gentlemen of the Jury Panel: I. Thank you for being here. We are here to select a jury. Six of you will be chosen for the jury. Even if
More informationMagistrates Court Mock Trial Competition STUDENT ROLE GUIDE: LEGAL ADVISER. Organised in partnership with. Sponsored by
Magistrates Court Mock Trial Competition STUDENT ROLE GUIDE: LEGAL ADVISER Sponsored by Organised in partnership with Contents Role Guide: 2 ID slip 3 Order of procedure 4 Evaluation 6 1 Role Guide: Legal
More informationYou are summoned for jury duty
You are summoned for jury duty Relax. Jury summons aren't being issued by email yet. But it is likely that some day you will receive a summons to serve on a jury. The first reaction of many people is to
More informationIntroduction. Deciding to report abuse. Reporting to police
Introduction One of the hardest processes for abuse survivors is coming forward and reporting their experiences to the police, despite the fact that seeking a criminal prosecution against an abuser can
More informationCHAPTER 16 FORMAL ADMINISTRATIVE HEARINGS
CHAPTER 16 FORMAL ADMINISTRATIVE HEARINGS I. INTRODUCTION Formal administrative hearings are one of the options provided to a person who has significant (or substantial) interests that will be affected
More informationSTIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine
STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No. 09-3031 State of New Maine Instruction Number Instruction Description 1. Preliminary Instructions 2. Functions of
More informationCIRCUIT AND CHANCERY COURTS:
. CIRCUIT AND CHANCERY COURTS: Advice for Persons Who Want to Represent Themselves Read this booklet before completing any forms! Table of Contents INTRODUCTION... 1 THE PURPOSE OF THIS BOOKLET... 1 SHOULD
More informationMISSION: Victim Services is dedicated to assisting crime victims with the aftermath of violent crimes and acts as a liaison between victims and the
MISSION: Victim Services is dedicated to assisting crime victims with the aftermath of violent crimes and acts as a liaison between victims and the criminal justice system. MESSAGE FROM THE CIRCUIT ATTORNEY
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GOVERNMENT'S PROPOSED JURY INSTRUCTIONS
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No. 12-00075-01-CR-W-DW MARCUS D. GAMMAGE, Defendant. GOVERNMENT'S
More informationSTUDENT LEGAL SERVICES TRAFFIC OFFENCES A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER
COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING TRAFFIC version: 2009 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for general knowledge purposes only and is
More informationCase 1:08-cv LPS Document 601 Filed 07/26/10 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Case 1:08-cv-00862-LPS Document 601 Filed 07/26/10 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LEADER TECHNOLOGIES, INC., a Delaware corporation, Plaintiff-Counterdefendant,
More informationEthics and Values: The Criminal Justice System. Version 2.2
Ethics and Values: The Criminal Justice System Version 2.2 - College of Policing Limited (the College) June 2015 All rights reserved. No part of this publication may be reproduced, modified, amended, stored
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationWRITING FOR TRIALS 1
WRITING FOR TRIALS 1 2017 The Writing Center at GULC. All Rights Reserved. I. Introduction Whether you are taking a trial practice class, competing in a mock trial tournament, representing a clinic client,
More informationEthical issues in enforcement Krista Weymouth Senior Associate. 24 February 2015
Ethical issues in enforcement Krista Weymouth Senior Associate 24 February 2015 Overview Model litigant guidelines and professional conduct rules Letters demanding compliance Investigation of complaints
More informationThe Engineer as an Expert Witness Truthful Independent Unbiased. John Garrett
The Engineer as an Expert Witness Truthful Independent Unbiased John Garrett 1 28 th February 2013 Please note The opinions expressed in this presentation are not to be taken as professional advice. This
More informationMaking a breach of contract claim. Information Kit. Advice Line or
Making a breach of contract claim Information Kit Advice Line 1300 130 956 or 9227 0111 Making a breach of contract claim Disclaimer... 3 How to use this guide... 4 What are unpaid entitlements?... 4 Can
More informationAn Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota
An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents
More informationLaw 12 Substantive Assignments Reading Booklet
Law 12 Substantive Assignments Reading Booklet Reading # 1: Police and the Law Training and Qualifications Police officers have to go through both physical and academic training to become members of the
More informationJustice Committee. Criminal Justice (Scotland) Bill. Written submission from Victim Support Scotland
Justice Committee Criminal Justice (Scotland) Bill Written submission from Victim Support Scotland INTRODUCTION 1. Victim Support Scotland welcomes the introduction of the Criminal Justice (Scotland) Bill.
More informationSome Friendly, Random Advice On Federal Court Advocacy The Honorable Paul C. Huck, United States District Judge
I. General Advocacy Some Friendly, Random Advice On Federal Court Advocacy The Honorable Paul C. Huck, United States District Judge Judges do not like surprises! Anticipate potential problems, issues or
More informationLegal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A
Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Acquittal a decision of not guilty. Advisement a court hearing held before a judge to inform the defendant about the charges against
More informationCourse Court Systems and Practices. Unit VII Courtroom Professionalism and Personnel
Course Court Systems and Practices Unit VII Courtroom Professionalism and Personnel Essential Question What are the roles and responsibilities of members of the courtroom work group? TEKS 130.296(c) (2)(A)(B)
More informationWitness Preparation. Introduction
Witness Preparation Purpose To assist barristers to identify what is permissible by way of factual and expert witness familiarisation and preparation, in both civil and criminal cases Overview Prohibition
More informationAmerican Criminal Law and Procedure Vocabulary
American Criminal Law and Procedure Vocabulary acquit: affidavit: alibi: amendment: appeal: arrest: arraignment: bail: To set free or discharge from accusation; to declare that the defendant is innocent
More informationNOTE WELL: See provisions pertaining to convening an investigative grand jury noted in N.C. Gen. Stat. 15A-622(h).
Page 1 of 14 100.11 NOTE WELL: If the existing grand jurors on a case are serving as the investigative grand jury, then you should instruct them that they will be serving throughout the complete investigation.
More informationPleading not guilty. in a criminal matter. The law in Victoria. Preparation. Police interviews. The Court process. defence lawyers
Pleading not guilty in a criminal matter The law in Victoria Preparation Police interviews The Court process Written by Josh Taaffe and Dee Giannopoulos defence lawyers Index 3 3 4 4 5 6 6 6 7 7 8 11 12
More informationMOCK EXAMINATION TRANSCRIPT ONTARIO SUPERIOR COURT OF JUSTICE. - and - DEFENDANT * * * * * * * * * *
MOCK EXAMINATION TRANSCRIPT B E T W E E N: ONTARIO SUPERIOR COURT OF JUSTICE Court File No. CV-123456 PLAINTIFF Plaintiff - and - DEFENDANT Defendant * * * * * * * * * * This is the Examination of trial
More informationOBJECTION YOUR HONOUR!
OBJECTION YOUR HONOUR! ROBERT S. HARRISON JENNIFER McALEER FASKEN MARTINEAU DuMOULIN LLP THE BASICS What is an Objection? By definition an objection is an interruption. It should only be made when it is
More informationLaw Day 2016 Courtroom Vocabulary Grades 3-5
Law Day 2016 Courtroom Vocabulary Grades 3-5 Court- a place where legal trials are held Crime- something that is against the law Defendant- the person being charged with a crime Defense Attorney- the lawyer
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION UNITED STATES OF AMERICA, Plaintiff, v. No. 09-00121-01-CR-SJ-DGK GILBERTO LARA-RUIZ, a/k/a HILL Defendant.
More informationMock Trial Practice Law Test
Mock Trial Practice Law Test NOTE: The practice law test is provided as an example and will not be updated each year. Below are sample questions that are similar to those that students may see on the real
More informationDeportation Appeals. Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal
Deportation Appeals Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice
More informationHANDBOOK FOR JURORS TO THOSE WHO HAVE BEEN SUMMONED TO SERVE AS JURORS
HANDBOOK FOR JURORS TO THOSE WHO HAVE BEEN SUMMONED TO SERVE AS JURORS This booklet has been prepared by the Westmoreland Bar Association with the approval of the Judges of the Court of Common Pleas of
More informationTaking Your Complaint to a Human Rights Tribunal. A handout for complainants with carriage
Taking Your Complaint to a Human Rights Tribunal A handout for complainants with carriage July 2013 Taking your complaint to a Human Rights Tribunal: A handout for complainants with carriage The Alberta
More informationRight to Remain Toolkit, June 2018 Upper Tribunal. Upper Tribunal
This section deals with appealing First-tier Tribunal refusals at the Upper Tribunal. If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the if you think the
More informationLearning Station #5 LEVEL ONE-13
Learning Station #5 I am an attorney, and I represent the rights of the citizens of the State of Texas in a criminal trial. It is my job to convince the jury that the defendant is guilty of breaking the
More informationBENCH TRIAL HANDBOOK
BENCH TRIAL HANDBOOK GETTING STARTED The hardest part of preparing any case for trial is determining where to begin. The following steps are an outline for preparing your case. The outline is merely a
More informationTHE PEOPLE VS. DANNY DEFENDANT TRIAL PLAY
THE PEOPLE VS. DANNY DEFENDANT TRIAL PLAY BAILIFF: BAILIFF: ALL RISE. COURT IS NOW IN SESSION, THE HONORABLE ROBIN SOLOMON, JUDGE OF THE MONTEREY COUNTY SUPERIOR COURT, PRESIDING. [The judge enters the
More informationPRIOR INCONSISTENT STATEMENTS AND SUBSTANTIVE EVIDENCE
PRIOR INCONSISTENT STATEMENTS AND SUBSTANTIVE EVIDENCE FEDERAL RULE 801(D)(1)(A): THE COMPROMISE Stephen A. Saltzburg* INTRODUCTION Federal Rule of Evidence 801(d)(1)(A) is a compromise. The Supreme Court
More informationYouth Criminal Court Process
Guide to: Youth Criminal Court Process See also related guide: Bail in Youth Criminal Court THE FIRST TIME YOU GO TO COURT After the police arrest you, you will have to go to court. There are two ways
More information3:05-cv MBS Date Filed 05/08/13 Entry Number 810 Page 1 of 16
3:05-cv-02858-MBS Date Filed 05/08/13 Entry Number 810 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION United States of America, ex rel. ) Michael
More informationIn the Superior Court of Pennsylvania
In the Superior Court of Pennsylvania No. 166 MDA 2008 COMMONWEALTH OF PENNSYLVANIA v. ADAM WAYNE CHAMPAGNE, Appellant. REPLY BRIEF FOR APPELLANT On Appeal from the Judgment of the Court of Common Pleas
More informationGovernors Adjudications. Easy Read Self Help Toolkit
Governors Adjudications Easy Read Self Help Toolkit About this document This document was made by CHANGE, a charity led by people with learning disabilities. This document uses easy words and pictures
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS COURT (CHAMBER) CASE OF ISGRÒ v. ITALY (Application no. 11339/85) JUDGMENT STRASBOURG 19 February
More informationCHARACTERS IN THE COURTROOM
CHARACTERS IN THE COURTROOM Learning Objectives: Students will 1. State the positions and responsibilities of all the officers of the court. 2. Utilize problem solving skills through the use of analysis
More information