Testifying In Criminal Court

As an expert witness, it's often asked of me... "What's it like to testify in court?"

Well I can tell you, it's pretty easy (if you are not the defendant) and not like what you see on TV! You need to be very specific when you answer in court. On TV, I see so often how witnesses add information that they really shouldn't.

For instance, if the question is, "Mr. Lowe... Did you take a photograph of the victim on December 5, 1993 at 123 Main Street in San Diego California?" The answer should either be, "Yes" or "No" or "I don't recall." That's it.

But on TV, this is what I usually hear, "Yes, and it was done with the best camera I have too." Way too much information given!

Or how about this one, "Mr. Lowe, did you dust the gun for fingerprints?" The answer should be either, "Yes, I did" or "No, I did not" or "I don't recall." But on TV, this is what you'll hear, "Yes, I did and I used a special silver colored powder that works better on black surfaces of guns." Again, way too much information.

The tendency is to offer more information, but that's not the proper way to answer in court. As an expert witness, answering the question with only a Yes or No is better. Should the attorney want more information, he'll ask for it.

For example, "Mr. Lowe, did you dust the gun for fingerprints?" Answer... "Yes, I did." Attorney... "And Mr. Lowe, what type of powder did you use?" Answer... "I used a special silver colored powder designed to work better on black surfaces like guns."

Here's another type of answer that is not correct... Question... "Mr. Lowe, what time of the day did you take the photograph of the victim lying in the street?" Wrong answer, "You know, it was dark that day so it was hard to take a good photograph." This answer would most likely be objected to as being "non-responsive" because it never answers the original question! The attorney objecting would most likely motion for the answer to be "stricken from the record." The proper answer should be, "I took that photograph at 4:00 PM" or, "I do not recall."

Is it easy to testify in court? I think so. But you need to listen closely and only answer what is asked. No more, no less. If the attorney is doing his/her job properly, an additional question will be asked if needed to help clarify. Oh, and don't forget to address the judge as "Your Honor." That's always fun! :)