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The start of a witness report/assignment for law (high school level) [2]
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A witness can be universally defined as a person who obtains firsthand knowledge about a crime or dramatic event
, from either seeing, touching, hearing, or smelling and can also testify
about important aspects of the crime or event
at trial. It is apparent by this definition
that the role of a witness is crucial for any case
. As along as there is relevance within their statements they can contribute substantially towards the justice within the case. The role of a witness is a combination
of many factors
, one of them being their use of memory
, such as the sequence of events, recalling all dates, details, descriptions, times, actions, gestures and exact words used. The
credibility of a witness is beneficial
in legal cases because this enhances the trustworthiness within their testimony
, making them more persuasive to the jury. Often times the amount of credibility the witness retains is more critical than the content of their testimony especially when it is significantly exaggerated. This effect helps when
the jury does not understand the contents or care much about the case itself. A second factor is the composure of the witness in the court room including a smooth speech, confidence in delivery, proper amount of eye contact, excellent dictation and sentence structure.
These criteria contribute towards a positive impression left on the jury. On the other hand
, when this is not achieved
, less convincing behaviour will cause the jury to suspect the information is invalid such as slow speech, disorganized thoughts, incomplete or missing information and no eye contact. When the plaintiff begins the trial by calling the witnesses they start the primary questioning which is known as direct examination. The purpose of this is to establish the facts which support the
plaintiff's case in the witness's testimony.
During direct examination, the attorney should not ask any leading questions (
suggesting or prompting the witness to reply with a specific response).
Witnesses can be asked to identify evidence pertaining directly to the case such as documents or photographs. However no judgment or conclusions can be
drawn from the evidence unless the witness is a qualified expert. Annoying and repetitive questions may or may not be prohibited
, at the judge's discretion,
as well as granting and overruling of questions which can affect the answers the witness is able to give towards the case. Cross examination occurs after the
plaintiff's attorney has completed their line of questioning
. The defendant is then given the opportunity to question the witness. It is during this process that the attorney will attempt to undermine the witness's credibility. Asking additional questions and getting clarification while making the witness appear unreliable, prejudiced or even biased is the central goal of the defendant's attorney.
Your essay doesn't really have an ending. If this is the end of the essay, you need a conclusion which summarizes the main points of your essay.
One thing you need to be especially watchful for is sentence fragments; I corrected a number of them for you.
Keep up the good work!
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Sarah, EssayForum.com