Witnesses
In the United States, we honor the rule of law. The U.S. prides itself on its system of justice where laws apply to all and where a powerful elite’s whims do not control the outcome of controversies or disputes. The law holds citizens accountable and defines their rights and responsibilities. Controversies and disputes, however, invariably arise. Individuals with personal knowledge about the facts of the controversy or dispute are called upon to give testimony and state the facts. In the courts, witnesses are critical to correctly resolve these disputes.
Witnesses testify under oath and provide facts about what they saw, heard, or sensed before a judge and/or a jury. Some witnesses are trustworthy and reliable; some are not. Reliable witnesses generally have first-hand knowledge, testify accurately, are unbiased, are confident, present the facts clearly, and favor neither side. Unreliable witnesses shade the truth to support their cause or one side, may not tell the truth or the whole truth, and may hold biases to favor one party over the other.
In court, sometimes, expert witnesses will testify. They testify about matters within their knowledge and expertise but do not have first-hand knowledge. For instance, when a person is injured in a wreck, a doctor may testify about the injured person’s injuries and their effects. Though the doctor may have not treated the injured person, his or her opinions may or will aid the judge and/or jury.
If you have first-hand knowledge of the facts of the dispute or other important information, you may be called as a witness. The most important rule for any witness is simple: Tell the truth. America’s system of justice rests on the assumption that witnesses will tell the truth on the witness stand and suffers when witnesses lie, perjure themselves, have an ax to grind against a party, or hold back.
Make sure, however, if you are not in court and are asked or pumped for information by an insurance adjuster, investigator, or law enforcement officer, the person who asks you questions may try to steer you to certain answers, record the conversation, and use it against you in a civil suit (sue for money) or to charge you in a criminal suit (jail time and fines). In those circumstances, you should talk to a lawyer before you agree to answer questions outside a courtroom. Talking to a lawyer beforehand will allow you to carefully consider the events and speak truthfully when you are required or called upon to provide facts and information about the events.
Answer questions truthfully and literally. Understand the question that is being asked. Think carefully about the question before answering it. Do not exaggerate or understate. So, for example, if you are hurt in a wreck, describe the facts, say whether you are in pain, and be forthcoming. Remember this: You do not have to answer questions outside the courtroom, and in a criminal matter, individuals’ own words often provide the evidence (confession) that leads to their convictions or pleas. Again, be truthful.
Know this: You have rights, and there may be consequences to answering questions both inside and outside the courtroom. If you have questions, talk to a lawyer. For more information and to have your questions answered, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.