testifying.
The questioner is asking leading questions that include the
answers. Such questions are obviously very easy to answer. You do not have to
think about the answer at all; simply say "yes" to each question.
Unfortunately, that is not the way it goes at trial. Do not expect the defense
counsel to make your life quite that simple. More realistically, it will go as
follows:
QUESTION:
Did you advise the accused of his rights?
ANSWER: Yes.
QUESTION:
What did you tell him?
ANSWER: ?
Here the situation is very different. The question has not given away the
answer.
Now, the witness must find the answer and testify in a convincing
manner.
Without the leading questions, then, testifying is much more
difficult. In this case, it is easy for the investigator to omit something.
As is the case with any witness, under the strain and pressure of cross-
examination, and as a result of the natural nervousness caused by testifying at
trial, your memory may fail you. It is natural to be nervous when testifying.
All witnesses share this feeling, as do most of the attorneys. The point is
that if you are prepared to properly testify, your natural nervousness will not
be a handicap.
Otherwise, as was stated, the result may be a disaster.
Consider the following:
QUESTION:
Did you advise the accused of his rights under Article 31?
ANSWER: Yes.
QUESTION:
What did you tell him?
ANSWER: I said that anything he said could be used against him, that he had a
right to remain silent, and that he had a right to an attorney.
QUESTION:
What else?
ANSWER: I said he had the right to consult with the attorney before and during
the questioning, and that he could stop anytime that he wanted to.
QUESTION:
Is that all?
ANSWER: I told him that if he did not have an attorney, one would be provided
for him. I asked him if he understood his rights and he said that he
did.
QUESTION:
Is that all?
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MP1020
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