Criminal court cases often rely on witness testimony to help prove or disprove a case against a suspect. Witnesses typically provide information about a criminal case and are asked to detail that information in front of a judge and/or jury. While under oath a witness will relay what they saw, heard, or experienced. A witness may have been a bystander to a crime and witnessed the act take place or could also be an expert in a field that will help provide detailed information about evidence or evidence collection.
Let’s examine the types of witnesses that play a role in a criminal case and how your legal team can use the testimony to support your case.
Types of Witnesses in Criminal Cases
Several types of witnesses can be called to testify in a criminal case. These include eyewitnesses, secondary witnesses, expert witnesses or character witnesses. Let’s review each and how they play a role in the case.
Eyewitness
An eyewitness is someone who saw an alleged act in progress and will testify to what occurred in front of a judge and jury under oath to the facts of the case. An eyewitness could be an innocent bystander or someone who participated in the act and has turned state witness.
While eyewitness testimony holds great weight with juries there are many ways that an attorney can call into question the validity of the account. Often, lawyers will look for inconsistencies in accounts from several eyewitnesses or make note of challenges during the event such as distance, weather, or impaired judgment.
Expert Witness
An expert witness is someone with professional knowledge who will testify on behalf of the prosecution or defense. Expert witnesses could be therapists, psychologists, forensic experts, scientists or any other professional who has in-depth knowledge about data or evidence being presented in court.
Each side in the case can present expert testimony and it is up to the jury to determine which expert’s evidence and testimony holds more weight.
Character Witnesses
A character witness is someone who speaks to the court on behalf of the defendant’s character. It is key to helping the jury understand the person’s behavior. Often a character witness is someone who has known the defendant for a long time such as a parent, sibling or best friend.
Secondary Witness
A secondary witness is someone who is called to testify that ties evidence together, although they did not see the crime as it was happening. For instance, a chemist may be called to explain that the drugs seized at the scene were, in fact, illicit drugs. These types of witnesses often bolster the chain of custody of evidence.
Need assistance understanding the evidence in your criminal case and what witnesses may be called? Talk to our team at Patrick Conway Law Offices in Salem, MA.