THE TEN COMMANDMENTS TO BEING A
SUCCESSFUL WITNESS
Allie Phillips
Senior Attorney
American Prosecutors Research Institute
National Child Protection Training Center
National Center for Prosecution of Child Abuse
99 Canal Center Plaza, Suite 510
Alexandria, VA 22314
703.518.4385
allie.phillips@ndaa-apri.org
LAY vs. EXPERT WITNESS
Lay witness: Testifies as to what the witness saw, heard, felt, smelled, etc. from personal
knowledge or facts.
Expert witness: Renders an opinion or gives the jury information that helps them evaluate
the evidence. Expert witnesses simply know something that the average person does not
know. As an expert you will be permitted to give an opinion on an essential issue to help the
jury deliberate on a verdict. Even if you have never been qualified as an expert witness,
there is always a first time for all experts. Even if you do not have advanced degrees, your
training and work experience may give you sufficient knowledge to become an expert
witness.
WHO CAN BE AN EXPERT?
• Police officers
• Forensic Interviewers
• Social workers
• Rape crisis/sexual assault counselor
• Psychologists/psychiatrists
• Teachers
• Victim/witness coordinators
• Physicians/nurses
• Probation officers
Possible Expert Witness Topics
Medical Injuries (nature and cause of injuries)
Medical Diagnosis/Treatment (absence of physical evidence)
Child Sexual Abuse Accommodation Syndrome
Disclosure Process for child victims
Blocks to Disclosure for child victims
Forensic Interview Protocol
Anatomical Dolls
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Child Development
Suggestibility issues in young children
Post-Traumatic Stress Disorder
Rape/sexual assault trauma
Investigation techniques
HOW DOES AN EXPERT STATE AN OPINION?
The evidence is consistent with. . .
Do not say the victim is telling the truth
Do not say the child has been molested/abused
Do not say the accused in guilty
Expert witnesses give opinions based on the evidence and cannot testify that
something actually happened
The 10 Commandments of Testifying
1st Commandment: PRE-TRIAL PREPARATION
Maintain a curriculum vitae (professional resume)
• EDUCATION, DEGREES
• EMPLOYMENT
• NUMBER OF CHILD ABUSE INVESTIGATIONS
• SPECIALIZED CHILD ABUSE TRAINING
• CONTINUING EDUCATION
• AWARDS
• BOARD CERTIFICATIONS/ LICENSES
• PRIOR COURT APPEARANCES
• ADVISORY BOARDS
• EDITORIAL BOARDS
• PROFESSIONAL ORGANIZATIONS
• PRESENTATIONS
• PUBLICATIONS
 Know your own area of expertise
 Know the adverse material
 Know the vulnerable areas
 Know your case
2nd Commandment: MEET WITH THE PROSECUTOR OR ATTORNEY
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Be proactive
Read your report
Discuss expectations of your testimony
Review potential areas of attack
Prepare for areas of impeachment
Discuss theme and theory of the case
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 Define defense goals
 Review evidence
 Practice questions
3rd Commandment: The P’s
BE PROFESSIONAL
 Dress in business attire
 Act appropriate inside and outside the courtroom because jurors may be watching
you
 Be aware of your body language on the witness stand
 Avoid taking notes to witness stand
 Remove personal notes from your reports
 Avoid distracting mannerisms
 Do not be obvious when looking for help from the prosecutor/attorney
 Make eye contact with jury (they are evaluating your testimony)
 The professional tone of your voice gives you credibility
 Be honest, fair and object
 Be purposeful in your answers
 Do not volunteer information
 Avoid estimating or guessing
BE PROMPT
 Please arrive at the courthouse on time. Many prosecutors/attorneys are controlled
by the Judge on when to call witnesses to the stand. If a witness is not present, the
prosecutor/attorney bears the brunt of the judge’s displeasure. Please be patient.
BE POLITE
 Do not argue
 Be courteous
 Do not be condescending
Remember that the jurors may be watching you.
BE PREPARED
 Always read your report before testifying.
4th Commandment: KEEP IT SIMPLE
When testifying, remember to speak in clear terms so that the jury (often having only a
high school education or less) can understand what you are saying. If you speak in
professional terms, the point of your testimony will not reach the jury.
5th Commandment: BE A VISUAL WITNESS
Speak with the prosecutor or attorney about using charts, graphs, computerized
presentation or overhead projector to show any physical evidence to the jury. In a day of
courtroom TV dramas, jurors expect to have visual graphics during a trial.
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6th Commandment: BE ON GUARD WITH THE DEFENSE ATTORNEY
When you take a defensive posture on the witness stand (cross your arms), speak in a
condescending voice, or argue with the defense attorney, you are only diminishing your own
powerful testimony. Even if the defense attorney treats you with disrespect, treat him/her
with the same manner you did the prosecutor or attorney who called you to the witness stand.
This will give you more credibility in the eyes of the jurors and judge.
 What should you do if the defense attorney contacts you in your office?
o Immediately notify your prosecutor/attorney
o Discuss the pros and cons of meeting with the defense attorney
o Discuss the method of meeting with the defense attorney
o If you agree to speak with the defense attorney, this shows that you are fair,
open and have nothing to hide (this is recommended)
o Send follow-up letter regarding the conversation to avoid any confusion
GOALS OF DEFENSE ATTORNEYS DURING YOUR CROSS EXAMINATION:
Secure admissions to help their client
Undermine prosecution expert’s opinion
Create hostility to undermine credibility
Introduce evidence through your testimony which contradicts the prosecutions’ theory of
the case
Introduce a history of error in the investigation or medical treatment order to reduce the
weight and credibility the jury gives to your testimony
Try to put a negative “spin” on your prior experience as a prosecution witness
HOW TO MAXIMIZE YOUR CREDIBILITY DURING CROSS EXAMINATION
 Maintain control
 Listen to the question
 If you make a mistake, correct it as soon as possible
 Don’t ramble
 Don’t play games
 Avoid being hostile and confrontational
WHEN ASKED ABOUT AN ARTICLE OR RESEARCH STUDY, ASK YOURSELF
OR YOUR ATTORNEY:
• Does the article exist?
• Are you familiar with the article?
• Is the article relevant to an issue in this case?
• Who authored the article?
• When was the article published?
• Is the information current?
• Where has the article been published?
• Has the article been peer-reviewed.
• Has the article been accepted in the field?
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7th Commandment: LISTEN TO AND JUST ANSWER THE QUESTION
IF YOU ARE GIVEN A HYPOTHETICAL QUESTION:
 Be on guard
 Take notes
 Listen carefully to the elements included in the fact scenario
 Ask for the question to be READ back
 Note and state inconsistencies
 Take your time
 Discuss with the prosecutor before trial
8th Commandment: DO NOT BE A PUPPET!
TAKE CONTROL OF YOUR ANSWERS:
 I need to explain, but the answer would be…
 I’m sorry, that question can not be answered yes or no. The issue is not that simple.
 A yes or no answer would be misleading as the issue is more complicated and needs to be
explained.
9th Commandment: DO NOT BECOME A TARGET
 We have all seen witnesses/investigators become the target of the case in order to distract
the jury from the real issue. If you get a sense prior to trial that you may be a target, please
talk your prosecutor/attorney about how to best minimize this tactic.
10th Commandment: DEBRIEF WITH THE PROSECUTOR/ATTORNEY AFTER
YOUR TESTIMONY
 All witnesses can become better by simply spending a few minutes with the
prosecutor/attorney to find out where their strengths and weaknesses lie in their courtroom
appearance, demeanor and style of testimony.
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