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No matter how thorough your evaluation, a good attorney may find some task you didn't do, says Murrie. If that happens, don't get defensive. Acknowledge the shortcoming and explain why you thought a certain step wasn't necessary or possible. And if you get a question you don't know the answer to, it's fine to say, "I don't know," says Dvoskin.
- I. Introduction
- II. 2005 Recommendations
- III. Canadian Commissions of Inquiry Since 2005
- IV. Legal Developments and Commentary
- V. Status of Recommendations
- VI. Summary of Updated Recommendations
Eyewitness identification is a critical tool for investigating and prosecuting criminals. This type of evidence is among the most persuasive testimony that can be used in a courtroom. A positive identification of an accused in court is an essential element for any successful prosecution. It is powerful and compelling evidence often given by confide...
The following are reasonable standards and practices that should be implemented and integrated by all police agencies:For prosecutors, the following practical suggestions should be considered:The use of expert evidence on the frailties of eyewitness identification is redundant and unnecessary in the fact-finding process. A proper charge and caution by the trial judge can best deal with...Workshops on proper interviewing should be incorporated in regular and ongoing training sessions for police and prosecutors.None of the inquiries since 2005 have dealt specifically with the problem of eyewitness identification.
The need for a direction warning the jury of any specific weaknesses in the evidence, particularly when dealing with identification evidence, has long been recognized.Footnote 134 Where the prosecution’s case depends substantially on the accuracy of eyewitness identification evidence, a trial judge must instruct jurors about the need for them to be...
In the preparation of this update, nine police services and agencies from across the countryFootnote 152 were surveyed to gauge their implementation of the recommendations in the 2005 Report. The following questions were posed: 1. How are photo-pack viewings conducted (sequentially or otherwise); 2. How are the comments and statements of witnesses ...
The following are reasonable standards and practices that should be implemented and integrated by all police agencies:For prosecutors, the following practical suggestions should be considered:The use of expert evidence on the frailties of eyewitness identification is redundant and unnecessary in the fact-finding process. A proper charge and caution by the trial judge can best deal with...Workshops on proper interviewing should be incorporated in regular and ongoing training sessions for police and prosecutors.Witness testimony plays a crucial role in a trial, providing evidence that helps determine the facts of the case. Attention will also be paid to the witness’s credibility, character, and conduct. Through cross-examination conducted by defense counsel or the prosecution, the witness’s prior inconsistent statements, opinion evidence, and reputation evidence can be introduced to challenge th
testimony, which often slides into discussion of other testimony issues. The organization of the new edition follows the chronological order in which experts are involved in the testifying process. The book begins with Part I, which focuses on concerns that precede testimony. Part II develops the ways of thinking that make a skilled witness.
Jan 12, 2022 · Counsel should also emphasize that the witness must testify truthfully. If the witness is concerned about some aspect of the case or anticipated testimony, the preparation session is the opportunity to address that issue. Be aware that some courts have held that attorney consultations with a witness during a break in testimony are not ...
If you're testifying in person, there will be a microphone on the stand. The microphone records your voice, but it doesn't make you louder. It's important to speak loudly and clearly so the microphone can pick up your voice. The lawyers and the judge usually listen to the recording after you testify to help them make arguments or decide the case.
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Apr 23, 2020 · Put succinctly, it is one thing to write an expert report; quite another to defend it under cross examination. Courtroom testimony has its own specialized education, knowledge, and skills, and is often the area where experts lack adequate training and experience. Being an accomplished expert has little bearing on your competence as an expert ...
