Helping Victims/Witnesses During the Trial Process 

TIPS ON TESTIFYING:

·         Tell the complete truth to the best of your memory/recollection of events. 

·         It is normal to feel nervous.  Try to relax as much as possible. 

·         Listen carefully to the questions and take some time before answering. 

·         Do not try to figure out whether the answer hurts or helps the case.  Answer truthfully. 

·         Speak up so that the jury can hear you. 

·         If you do not hear a question, ask for it to be repeated. 

·         If you do not understand a question, say so. 

·         If you do not know the answer, say so; do not guess. 

·         If you do not remember, say so; do not guess. 

·         Do not go to the other extreme and answer “I don’t remember” to every question.  Do not say,  “I don’t remember” as a shield to protect yourself from the questioner. 

·         If a question is hard to answer because it is embarrassing to talk about, say so. 

·         If you are sure about something, stick to your beliefs.  Do not be “talked into” a different answer.  You may correct or disagree with the attorney asking the question. 

·         Do not feel you have to justify or explain your actions.  You are not on trial. 

·         When you are giving an estimate in answering a question, be sure to say so.  Example:  “It was about 9:30 at night.  That’s an estimate.” 

·         Answer questions fully, but do not give information that was not requested. 

·         If an answer needs an explanation, say so. 

·         Do not nod your head “yes” or “no,” say the words.

·         Make eye contact with the jury whenever possible. 

·         Be serious.  Jurors might misunderstand laughing and joking around. 

·         Do not memorize, discuss or practice your testimony. 

·         If you make a mistake when answering, correct it immediately. 

·         Do not exaggerate. 

·         Try not to get upset with the defense attorney when you are being asked questions (cross-examined).  Anger may confuse you. 

·         If one of the attorneys objects, do not keep talking.  Wait until the judge ‘overrules’ or ‘sustains.’  If the objection is sustained, do not answer.  If it is overruled, go ahead and answer.  You may ask for the question to be repeated. 

·         You should not object or refuse to answer any questions; the prosecutor will object when appropriate. 

·         When addressing the judge, say “Your Honor.” 

·         Be on your best behavior in and around the courtroom.  When court is not in session, be aware that jurors may be in the hallways, on elevators, etc.  Also, do not discuss your testimony with anyone in and around the courtroom. 

·         Do not be afraid to admit that you have discussed this case with the prosecutor.   

·         Dress neatly.  Make sure your clothes are clean.  Do not wear shorts. 

·         Do not chew gum. 

·         The defendant will be in the courtroom while you testify.  The defendant is not allowed to speak to you. 

ABOUT THE COURTROOM: 

·         There are cameras in each courtroom for safety purposes.  The Sheriff’s Department monitors these cameras. 

·         There are microphones in the courtroom to assist with victim/witness testimony. 

·         Courtroom security is the responsibility of courtroom bailiffs, who are usually in the courtroom at all times during a judicial hearing. 

·         If a defendant is in custody, s/he will be held in a secure holding cell connected to the courtroom.  A member of the Sheriff’s Department will always be present with an incarcerated defendant.  The defendant will not be brought into the courtroom in handcuffs, unless there is a safety or escape concern. 

·         In each courtroom there is a court reporter, who records everything being stated, in order to make a transcript of the proceeding. 

·         It is important to be quiet while court is in session.  For that reason, try not to bring children with you to court. 

·         It is likely that you will remain in a conference room connected to the courtroom, until you are called to testify.