Other testimony delivery skills that are emphasized
by attorneys and consultants during witness preparation
training are to listen carefully to the question being
asked and to respond only to the content of that ques-
tion. Witnesses should understand that the attorney will
ask another question if he or she wants more informa-
tion. Witnesses should also be comfortable with saying,
“No” and “I don’t know” when those are appropriate
answers, and they should not guess or provide an
answer simply because an attorney repeatedly asks for
the same piece of information. Thus, witnesses should
avoid using phrases such as “I think” or “I guess.”
Witnesses should also avoid using rehearsed statements
or answers because they appear unnatural and wit-
nesses may become so whetted to rehearsed statements
that they rely on them throughout their testimony and
repeat the same statements in response to many differ-
ent types of questions.
Witness preparation is also used to teach a number of
nonverbal communication skills. Witnesses are taught to
make eye contact with attorneys and jurors, maintain
good posture, and avoid looking at the attorneys who
called them when asked a difficult question by oppos-
ing counsel. Witnesses are also instructed to speak
clearly and to avoid speaking too quickly or too softly.
Witnesses are encouraged to be expressive and comfort-
able with showing genuine levels of emotion; however,
they are also taught to avoid overly dramatic emotional
displays and signs of anger and defensiveness.Witness Preparation
Training Techniques
The most common witness preparation training regi-
men involves an iterative process of instruction and
testimony simulation. The first step in the training
process is to instruct witnesses about the basic format
of courtroom testimony, such as the difference
between direct and cross-examination. At this stage,
witnesses are also given basic advice about giving
effective testimony, such as being honest, listening
carefully to the questions that are asked, and respond-
ing only to the questions that are being asked. The
next step in the preparation process is to have the wit-
ness participate in a testimony simulation, undergoing
both direct and cross-examination questioning.
Additional instructions for improving the quality of
testimony are then made by the attorney or consultant,
based on the witness’s performance during the simu-
lation. Some attorneys and consultants prefer to make
recommendations during the testimony simulation,while others prefer to wait until the testimony simula-
tion is completed. If needed, a second testimony sim-
ulation can then be used to evaluate how well the
witness was able to follow the most recent set of
recommendations.
Some consultants videotape testimony simulations
and use the recordings to show witnesses the strengths
and weaknesses of their testimony. However, some
attorneys prefer to avoid videotaping testimony simu-
lations because there is always a chance that video-
taped material may become discoverable to opposing
attorneys. Although attorneys can argue that video-
tapes such as these should be protected as an attorney
work product, especially when the witness is their
client, many prefer to avoid the risk of creating dis-
coverable material and do not allow videotaping of the
testimony simulations.Does Witness
Preparation Work?
Witness preparation research is relatively uncommon,
with only four published witness preparation studies
in existence. Two of these studies examined the effi-
cacy of relatively brief (15 minutes) witness prepara-
tion training programs that were designed to inform
eyewitnesses about the purpose of direct and cross-
examination and to encourage them to think about
how they would answer specific questions that they
might be asked when testifying. The participants in
both the eyewitness studies were undergraduate
research participants. The other two witness prepara-
tion studies examined a longer training program
(1–2 hours) with criminal defendants. Training in
these studies was designed to improve the defendants’
use of verbal and nonverbal communication skills by
having defendants watch videotapes of their testi-
mony and practice improved communication skills
with a researcher playing the role of a defense attor-
ney. One of the criminal defendant studies used vol-
unteer research participants as mock witnesses, and
one used real criminal defendants as participants.
Despite variations in methodology, findings from
the four existing witness preparation studies converge
to provide generally positive support for witness prepa-
ration. Witnesses who were prepared to testify were
generally seen as more confident, certain, and com-
posed. Prepared witnesses also tended to report being
more confident in their testimony, and simply partici-
pating in simulated testimony questioning has been
found to reduce witness anxiety about testifying.868 ———Witness PreparationW-Cutler (Encyc)-45463.qxd 11/18/2007 12:44 PM Page 868