Victims Support
Support for Victims of Crime
Effective Courtroom Performances for Witnesses in Criminal Trials
We believe that people who have in some cases lost a love one to homicide, culpable driving or violence,and, or who have been extremely traumatized by crime of violence or witnessed such acts,need to have a good idea on what confronts them when they are called up as witness for the crown. What they face is strong cross-examination from very smart defense barristers who are out to get a client off “I would say deviate” a not guilty by the jury or and extremely light sentence. They will go to all extremes to discredit good honest people that have witnessed a crime.
What we would say is that Victims of Crime are entitled to the satisfaction of a sentence being imposed that reflects and appropriate level of punishment that fits the crime, and with that in mind we have put the Effective Courtroom Performance together.
We believe that this will help in tilting the balance in the Criminal Justice System in favor of Victims, not criminals
Being call to give evidence in a Criminal Trial can be a very intimidating feeling for people who’s only experience with our Justice System is the odd parking ticket or the like.
We here at the Crime Victims Support Association have all been through it one way or another, we learned our court room demeanor the hard way with the defense barrister trying to discredit you as a good witness. Now I once asked a very well known barrister, why, the answer only doing my job Noel, to which I answered, it would not be the same if you had to take the Oath or and Affirmation. That I have to tell you led to one hell of a blue, believe me I am not a defense barrister and can be trusted. I hope this can be of help to you, just remember to be relaxed and answer truthfully.
TO THE WITNESS As a witness to a crime, your cooperation is essential to make the criminal justice system work. This brochure has been developed by the Crime Victims Support Association in an effort to lessen your inconvenience and to help you feel more comfortable in the courtroom.
If you have any questions or problems, feel free to contact the Crime Victims Support Association (03) 9758 4512 Victim Advocates Noel McNamara and Bev McNamara are available to assist you. Our Office is open to serve your needs from 8:00 a.m. to 4:30 p.m., Monday through Friday for telephone calls. After hours, Victim Advocates may be reached through the Message Bank.
CRIMINAL COURT PROCEDURE A criminal case is begun by the Prosecutor filing an Information, against the defendant. Unless the defendant enters into a plea agreement, his guilt or innocence will be determined at a trial on a date determined by the trial judge. Unless waived by the defendant, all trials are jury trials.
RECEIVING A SUBPOENA A subpoena is a court order directing you to be present at the time and place stated. Once you are served with a subpoena, you are obligated to appear. Failure to appear may be understood as contempt of court by the judge, and may result in dismissal of the criminal charges, so it is very important that you inform the Prosecutor if you cannot appear as directed. Their are provision for reimbursement of expenses other than mileage to witnesses for court appearances at a criminal trial.
BEFORE THE TRIAL The key to any successful prosecution in a criminal case is careful preparation by witnesses, and a thorough investigation by the law enforcement agency. Adequate documentation is essential. All reports, statements or other evidence in the case should be brought to the attention of the Prosecutor well in advance of trial so that he/she may
adequately comply with Court. The Court may exclude from the trial any evidence where the defendant is not notified before trial of its existence.
You are under no obligation to speak with the defendant, his attorney or his investigator before trial. Any effort to do so should be reported to the Prosecutor immediately.
If you have not had previous Courtroom experience, make it a point to visit the Court and listen to others testify. This is the best way to understand and familiarize yourself with what you will face as a witness without taking the stand yourself. We may be able to help you with this if required.
AT TRIAL Effective Courtroom performance is founded upon experience and diligent preparation. Before taking the stand, you should be thoroughly familiar with all reports prepared by you, and all statements or depositions given by you. Any change in testimony at trial may result in impeachment by defense counsel and points scored by his client.
It is common procedure for the trial court to exclude all witnesses from the Courtroom while others are testifying. This is to insure that the testimony of a witness does not influence the testimony of another. Do not discuss the testimony of witnesses who have already testified. Once you have testified you are free to leave the Courtroom, or remain in the audience, unless otherwise ordered by the Judge or requested by the Prosecutor.
WHEN TESTIFYING Here are some suggestions to keep in mind as you prepare for your court appearance:
(1) Always tell the truth. At trial, as in all other matters, honesty is the best policy. If you tell the truth and tell it accurately, nobody can cross you up. Do not guess or make up an answer. If you do not know the answer it is best to say, “I don’t know.” If you are asked about details that you do not remember it is best to say, “I don’t remember.”
(2) Dress neatly and conservatively, and be courteous. The way you dress and present yourself is a direct reflection on you. You want to be sure that your appearance and manner do not distract the judge or jury from careful
consideration of your testimony. Police officers should be in uniform, or in at least a sport coat and tie. No tinted glasses or flashy jewelry. A question should be answered, “Yes, sir/madam,” or “No, sir/madam ,” and the judge should be addressed as “Your Honor.”
(3) Be attentive. You should remain alert at all times so that you can hear, understand, and give a proper response to each question. If the judge or jury get the impression that you are bored or indifferent, they may tend to disregard your testimony. Use good posture, do not slouch.
(4) Take your time and speak clearly and loudly. Give the question such thought as it requires to understand it. The juror farthest from you should be able to hear distinctly what you have to say. Do not chew gum and keep your hands away from your mouth. Since all testimony is recorded, do not nod your head “yes” or “no”.
(5) Answer all questions directly. Answer only the questions asked, then stop. Avoid “volunteering” information. If you do not understand a question, ask that it be explained. Do not look at the lawyer for help while you are testifying and never ask the Judge if you have to answer. You are on your own. This will give the jury the impression that you are holding
something back.
(6) Be serious in the Courtroom. Avoid joking and wisecracks in the jury’s presence. The jury is sitting in judgment of another person whose liberty is at stake. That is always a very serious matter. BEWARE of hallway actions and conversations.
(7) Do not lose your temper. Remember that some attorneys may attempt to wear you down so that you will lose your temper and say things that are not correct. Hold your temper and your testimony will be much more valuable. Do not fence or argue with the attorneys. They have a right to question you, and many are very expert in this craft.
(8) BEWARE of questions involving distance and time. If you make an estimate, make sure that everyone understands that you are estimating. BEWARE of questions asking if you are willing to swear to your version of the events. You were “sworn” to tell the truth when you took the stand, do not be afraid of saying so. BEWARE of questions asking if you have spoken
to the prosecutor, witnesses, or police officers. If you have, admit it freely. This preparation before trial is expected in each case. If you are asked if you talked with the Prosecutor about your testimony, admit that you met with him, talked about the case and he instructed you to tell the truth.
BEWARE of questions asking why you don’t like the defendant. you may best respond by stating that you feel sorry for any man in trouble, but you must tell the truth, and if the defendant is guilty, he should be convicted. BEWARE of questions asking you if another witness was telling the truth or lying. You can only tell the truth based upon your observations. You have no
way of knowing what another person observed, especially when you did not hear that person testify. BEWARE of the simple question, “Why are you here today?” You are not here to volunteer information in order to convict. You appeared at trial in response to being served with a subpoena issued by the Court Clerk.
(9) Give positive, definite answers when at all possible. Avoid saying, “I think, I believe, In my opinion.” A witness testifies to facts, not beliefs, or opinions. Do not say, “That’s all that happened.” Cover yourself, and say, “That’s all I recall.” Later in your testimony, you may remember more details.
(10) Be yourself. Do not use “legalese” or police “lingo” just for the sake of impressing the jury. It will have the opposite effect.
The most effective witness is one who can tell their story comfortably. Just tell the truth and be yourself. Everything else will take care of itself.
8 Simple Rules For Protecting your Children from Sex Offenders/Sexual Predators
1) Teach Children Key Information.
Teach your child(ren) their full name, address, phone number with area code, parents’ names and work phone numbers. Practice reciting this information often as children may often forget pertinent information over time. Also practice how to make an emergency call to you or 000 from a pay phone.
2) Teach Children who is Safe.
Children should be taught at an early age what type of “stranger” is okay to ask for help when they are lost or frightened. Good examples are: a mother with children, a counter clerk in a store or a uniformed police officer. Next time you visit a store, practice picking these types of people out with your child(ren).
3) Know Where your Child is Going.
Children should always inform you before they go anywhere. This applies to older children as well since they are equally at risk to abduction by sexual predators. As you give your older children more freedom, reiterate safety rules with them. As a parent ask the questions: who, what, when, where, why and take the time to follow up on their responses.
4) Teach Children about the Buddy System.
Never let your children go anywhere alone. Remind them that there is safety in numbers and they should always use the buddy system, never going anywhere alone. Stress the point that they should avoid situations that might isolate them from others or crowds.
5) Don’t let Children be Lured in.
Children should be taught not to go near cars or be lured by adults asking for directions, help finding something they lost, that their parents are in trouble and that they will take them to mom or dad. Share a code word with your child known only to family members and trusted friends. Make sure your child understands that they should not accept a ride with anyone not having the family code.
6) Reinforce Safety Skills.
Parents should seize opportunities to reinforce safety skills. If an incident occurs in your community, speak frankly about it and use this time to discuss and re-emphasize the safety rules with them. Be sure to comfort them with the fact that there is always someone who can help them, other children could learn how to protect themselves from dangerous situations by recognizing the behavior patterns of those who might try to harm them.
7) Know how to Report your Missing Child.
Time is a very critical factor in abduction cases. Seventy four percent of children who are abducted and murdered are dead within three hours of the abduction. When you can not find your child, you should immediately call your local law enforcement and provide your child’s name, date of birth, height, weight, and any distinctive marks such as eyeglasses, braces or scars. Request that your child’s information be immediately entered into the Missing Person File. After you have reported your child missing to local law enforcement, call Crime Stoppers on 1800 333 000 or the Police.
Take the Initiative to be Informed.
As a parent, be informed by knowing where the sexual predators live in your neighborhood and around your local schools. The Crime Victims Support Association has a wealth of information on convicted sex offenders all in one place, including photos, addresses, degree of criminal offenses, and distinguishable markings. We believe every ones is entitled to know if their is a sexual predator living next door to them, or in the neighborhood, unfortunately our Government does not share our idea. Please let your Government MP know your thoughts on this important matter, after all it is their responsibility to keep our children safe.
Be Aware. Be Alert. Be Safe.
Thats right, does not need to be updated.
Good!
Thank you so much Noel! finally I have found someone who actually explains, cares, and understands this crazy mess poor victims of crime get dragged into and then left all alone, deserted by those who are sent to support them…
I agree with you Sonia. I am a victim of Rape. I can understand why people think twice before reporting a rape. Its a long waiting game.
You try to get on with your life, but you cant because you have 2 or 3 years before you even get to a trial. The accused lives his life like normal, whilst the victim lives in fear, and reliving the rape every night in unwelcomed dreams.
Though I won the committal, I was treated poorly. The accused lawyer was ruthless in his questioning, and was never pulled back into line by the magistrate.
The police and the OPP apologized to me and said it was unusual, and it was the first time this
particular Magistrate had sat on a rape case…!!What tha..
I was told by SECA when I first gave my statement that “its a specialist group of Magristrates that deal with sexual assault cases” Obviously not true.
I was also told by the Police and the Seca unit that its much easier now for Rape Victims in the court room….Not True
Support? what support, I felt like I was thrown to the wolves.
Sorry readers if I sound angry…..Just a little confused
.Yeah Sure
I intend copying out your wonderful statement and giving it to each one of our family. We have been struck by tradgedy only 8 weeks ago today.
We are heartbroken, sad, angry, and trying to piece our lives back together a day at a time… We are yet to go through all of that and it frightens us..I look forward to meeting other people in the group for support. My grandson was stabbed to death for no reason. He was a fantastic young man.
Thanking you.
Ari, you can count on our support an as mentioned we will have a metting shortly of all those that have joined the club no one should have to join because of scumbags, feel free to vent any time you feel like it here.
I have been very happy since finding the support you are offering us, this is the worst possible thing that could happen to any family and thank God your there to listen to us…Our family are willing to do what ever needs to be done to make sure these scumbags don’t get light sentences, you take a life you get life….40yrs Minimum Lee was happy she spoke to you too. Thanks again.
Ari
Hey Ari,
Feel free to contact any of us if you need to chat. My young brother was murder for no good reason, it happened in 2008 and we are going to court later this year…. its a long hard process and you need all the support you can get.
Sorry for your loss
Konnie
Hi Konnie i am so glad to get this message and would love to make contact with you we are finding it hard not having contact with people in our situation. How can i get in contact with you Konnie.
Sorry for your loss too.
Ari
Am i right in believing that you would support a compensation claim by Carl Williams daughter over his slaying in a State Prison. This is unacceptable. Compensation should not be extended to families criminals where those families have in the past profited from the criminals actions. And this child and her mother have. Yes I know it is hard on the child, but that is life. This child should not receive anything. Nor should her mother. The legacy that Carl Williams leaves needs to be a hard one – and that means hardship for his family – so other people get the message that this sort of life in unacceptable.
Yes Suzanne, someone had to be the little girls parents, she drew a bad card in life with those two scumbags but doesn’t mean she shound not get compo, it will go into trust for her till she grows up, it not my law it is the governments, they payed scumbag’s Judy Moran,and Wendy, Victors husband. these twos husbands left them years ago. The consolation is drug pusher Roberta Williams payments will now stop, and the $1000.000 to keep scumbag Carl RIP like in hell.
I feel the same way Noel, we will be fighting for some compensation for a senseless cowardly murdering act committed by some other scumbag.
We would rather have our family member than the compensation. I am sure the govt will make sure we, as law abiding citizens have to fight for every cent.
Victims of crime should be just that. Not for criminals. Do you have any plans for the near future we can participate in..
Take care.
To Ari,
I am heartbroken to hear of your loss. I lost my nephew (20 yrs)in Feb ’09 to a brutal gang attack – knives, machetes etc, and to witness his family trying to piece their life back together when a big chunk of it is missing is so very very sad. We have now been dealing with the court/justice system for over a year and this will continue most likely until the end of this year – It is a very difficult process but people like Noel are vital in guiding you through it. If there is anyway I can assist – even just a chat please let me or Noel know. He has my contact details.
With deepest sympathy to you and your family.
Carmel Nunan
Yes that is no problem, though we will be having a homicde victim support meeting very soon on a Sunday in the city around midday as soon as I get the venue from the Melbourne Town Hall, see you in Court Carmel.
hello i got stabbed a year ago in westfields and got ptsd from this and nothing has been done , this matter has been ajerned about 8 times there is no court date set any more, i have the stabbing on cctv footage, the legal system need to do there job and put this man away.. this is not the first time this man has stabbed someone, he has a long list,,,… please if you can or any one help me or can give me some direction that would help me so so so much…. mark donnelly
Mark, have you got any newspaper story’s about his past that we can put on the website of which the judicial system read to keep up with our very poor opinion of them.
I found this post very informal and will be passing it on to James Haselden’s mother. Hopefully someday soon, she will be given the chance to use this information. Her sons murder has been an open case for over 7 years. His murderer was charged 4 years ago, posted bond, and has never gone to trial. His murderer has since tried to kill another person and got away with it.
For more information: http://www.youtube.com/watch?v=3cXfOnGdLCM
Cris thanks, if we can be of any help tell her to contact me.