Tuesday, October 21, 2008
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Before a prosecutor begins a trial, there are many weeks or months of work to be done. The "pre-trial" stage of a case can be compared to homework! The prosecutor has to become familiar with the facts of the crime, talk to the witnesses, study the evidence, anticipate problems that could arise during trial, and develop a strategy. The prosecutor may even practice certain statements he will say during trial. This is called "moot court". |
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One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. As we’ve discussed earlier, a “witness” is a person who saw or heard the crime take place or may have important information about the crime or the defendant. In our case, the witnesses are the two boys who were beaten and the young girl who watched the beating. The boys are also the victims of the crime. Both the defendant and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called “testimony.” |
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In court, the witness is called to sit near the judge in the “witness box” or “witness stand.” In order to testify, witnesses must take an “oath” to agree or affirm to tell the truth. |
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Types of Witnesses There are three types of witnesses:
In our case, the expert witness was a doctor who described the injuries suffered by the boys who were beaten and testified that their injuries were similar to those of a person beaten with a baseball bat. Character witnesses usually don’t see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime. In our case, the prosecutor called character witnesses to testify that the neighborhood boys were known as bad kids and bullies. To avoid surprises at trial and to determine which of the witnesses he/she will call to testify, the prosecutor talks to each witness to find out what he/she may say during trial. These conversations will help the prosecutor decide whom he/she will call as a witness in court. Another important part of trial preparation is reading every report written about the case. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. |
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Prosecutors
must also provide the defendant copies of materials and evidence that
the prosecution intends to use at trial. This process is called “Discovery,”
and continues from the time the case begins to the time of trial. A prosecutor
has a continuing obligation to provide the defendant documents/information
which may reflect upon his/her case. A failure of the prosecutor to do
so, can expose the prosecutor to fines/sanctions by the court.
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