Guide for Victims of Crime - Your Role as a Witness

As a victim, your role as a witness may be crucial in assuring prosecution. If you receive a subpoena you should go to the designated place at the proper time. In major cases the prosecutor may talk with you before trial to hear the facts as you know them.

Even if you do not wish to testify, the prosecutor may continue to prosecute the case. This is because crimes are offenses against society as well as crimes against the victim. The prosecutor may subpoena you as a witness.

If you testify, try to remember the following tips for effective testimony:

• Always tell the truth. Do not guess at answers or offer your opinion unless the judge asks you to do so. If you don’t know the answer to a question, simply say that you do not know.

• Think before you speak. Make sure you understand the question. Answer only the question asked and then stop. Don’t memorize your answers.

• Speak up loudly enough for everyone in the courtroom to hear you. Answer questions out loud so that the tape recorder picks them up instead of nodding your head.

• Try to stay calm. Do not become angry or argue, even if one of the attorneys is hostile or implies something that you think is untrue.

• Stop talking if an attorney objects or if the judge interrupts. Begin again when the judge tells you to continue. If you have forgotten the question, ask for it again.

If you are asked whether you have discussed the case with anyone, answer truthfully. It is perfectly permissible to have talked with the police, prosecutor, defense investigator or attorney, family and friends.

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