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Module 14
Testifying and Appropriately Challenging
Other Witnesses
Objectives Module 14
• This module will teach skills and information for the defendant to consider when testifying
• How to communicate when someone who is testifying is saying something incorrect
• How to answer questions truthfully and to the best of their ability
Course Pre-TestModule 14
Vocabulary Module 14
TestifyingAnswering questions in court
TestimonyInformation or evidence given by a witness under oath
Witness One who testifies under oath to what he/she has seen, heard, or otherwise observed
TruthfulTelling the truth
InformationKnowledge communicated or received concerning a particular fact or circumstance
Communication The imparting or interchange of thoughts, opinions, or information by speech, writing, or signs
Helpful Tips
•The client has a choice as to whether they choose to testify
•The client’s attorney can help the client become as comfortable as possible, if they do choose to testify
Objective 1 Activity: Testifying • Discuss with the client that it
is the responsibility of every witness that testifies in the defendant’s trial to tell the “Truth and Nothing But the Truth”
• Discuss the importance of a witness answering a question to the best of their ability
Being Under Oath• If a witness testifies, the witness
is under oath
• Meaning that the witness is expected to tell the truth, and not to knowingly lie during their testimony
• Lying under oath occurs when a witness intentionally provides false information during their testimony
Objective 2• Discuss instances in court in
which a witness may make a statement that is untrue or incorrect
• Explain to the client that a way to address this is to write notes or whisper their concerns to their attorney
Appropriate Ways to Express Concerns During a Witness’s Testimony
• The instructor will show the client two video clips of two different defendants, who are expressing concerns during a witness’s testimony in court
• The client will identify which video clip showcases the appropriate way to express concerns and which video clip shows the inappropriate way to express concerns
Appropriate Way to Express Concerns During a Witness’s Testimony-Answer Key
• The movie clip from the film, “A Woman Scorned, the Betty Broderick Story” showcases the correct way to communicate
• The client featured in that video clip expressed a concern to their lawyer, by whispering to him while the witness was testifying
Example of good communication video
Appropriate Way to Express Concerns During a Witness’s Testimony-Answer Key
• The clip demonstrates the WRONG way to express a concern in the courtroom
• The client featured in that video clip expressed a concern to their lawyer by interrupting the witness.
Example video of interrupting in court
Course Knowledge Assessment Module 14
Work Cited
• Gunterman, Ashley, et al. “Introduction to Competency Restoration: Understanding Why I Am Here.” Instructor's Manual: Basic Legal Knowledge and Rational Decision-Making Skills, edited by Dorinda Robinson, Colorado Dept of Human Services/Colorado Office of Behavioral Health , 2020, pp. 62–65. Competency to Stand Trial Training Guide and Materials.
Holub, David W, director. Lying Under Oath-Making a False Statement-Indiana Lawyer Shares Consequences. YouTube, David W Holub Law Offices , 20 Oct. 2015, www.youtube.com/watch?v=4NvTwf30eQM.
