ABOUT ANSWERS
• Avoid Hearsay Testimony Unless you are specifically asked to testify about a conversation you had or to give your expert opinion, assume that every question calls solely for what you actually saw, heard, or did. Be careful of hearsay: Don’t volunteer hearsay, such as, “Well, all the other examiners in my Unit say…”
• Objections Lawyers have an absolute right and sometimes a duty to object and you must give them that opportunity—it can be to your advantage. Don’t answer too quickly; pause a second before every answer. If an attorney objects, stop! Don’t answer! Wait until the Judge rules and then either answer the question or stay silent.
• Reference to Documents It is more effective if you can testify from memory without referring to your notes but if you must refresh your recollection, you are allowed to. Request permission from the judge: “If I had an opportunity to look at my notes, that would refresh my recollection as to the date.”
• Don’t Guess If you don’t know the answer to a question, just say so. If you know most of the answer but not all of the details, just say so. No one remembers everything.
• Don’t Argue With the Questioner The cross-examiner is at a distinct advantage in being able to ask the questions. Argument or gamesmanship by a witness is not appreciated by a Judge or Jury. Good witnesses respond fairly and honestly and thereby retain their creditability and believability. Answer questions from the prosecutor and the defense attorney with the same tone, demeanor, and attitude.
• Never Get Angry When you are angry, you are least likely to do your duty as a witness, which is to give truthful answers. Your best reply is to remain calm, even-tempered, and answer the questions. The more an attorney attempts to aggravate you, the more courteous and professional you should remain.
• Beware of Yes or No Some witnesses have the notion that all questions should be answered “Yes” or “No.” Many questions cannot be answered accurately with only “Yes” or “No” because they are complicated, or require additional qualification to not sound mis leading. If the lawyer asks you to answer “Yes or No,” you are entitled to tell him or her that it can’t be answered “Yes or No” without the answer being misleading. If he or she insists, you may respond “I cannot answer ‘Yes’ or ‘No’ without misleading the Court.” The Judge normally will not direct you to answer “Yes” or “No;” if he or she does, do so but expect additional questioning by the opposing attorney about your explanation.
• Remain Professional on the Stand at All Times As a witness called on behalf of a party in a criminal case, it is your duty to remain professional on the stand at all times, from the moment you enter the courtroom and take the oath to when you leave the courtroom. Do not chew gum. Do not have things which you may have brought with you, other than necessary records, in your hands while testifying. Wear appropriate business clothing. Look at the jury when you answer questions. Follow the instructions of the judge. You represent forensic science, your laboratory, and yourself—do so with honesty, integrity, and pride.
