There are a lot of things to take note of when going to court to testify

especially when you are an expert witness. Many studies have shown that
expert witness opinion are more credible that any other testimonies
because theirs are supported by scientific explanations.

However, there are also things that should be avoided when testifying
as it would also decrease your credibility as an expert witness. Judges
have this trend of observing witness during the taking of testimonies. They
don not just base their judgment on documents but also through witnesses
testimonies and behavior to prove the veracity of their testimonies.

By definition, Forensic science is the application

of science to criminal and civil laws, mainly on the criminal side
during criminal investigation, as governed by the legal standards
of admissible evidence and criminal procedure.

Forensic scientists/ specialists collect, preserve, and analyze

scientific evidence during the course of an investigation. While some
forensic scientists travel to the scene to collect the evidence themselves,
others occupy a laboratory role, performing analysis on objects brought to
them by other individuals.

Forensic scientists work as part of an evidence team and often confer

with members of law enforcement and crime scene investigators. Engaged
primarily in forensic laboratory work, forensic scientists use their knowledge
of scientific principles and analytical methods when examining physical
evidence gathered at a crime scene. The scope of their job also includes
writing detailed reports based upon their findings, and they may be called
to testify as expert witnesses in a court of law.

In all court proceedings especially those that needed forensic

specialists, the results from the tests and analysis made by them are very
important to arrive with a conclusion of probable cause or judgment of a
case.

An intelligent evaluation of facts is often difficult or impossible without

the application of some scientific, technical, or other specialized
knowledge. The most common source of this knowledge is the expert
witness, although there are other techniques for supplying it, but still,
conclusions derived by these forensic specialists are the most accurate and
probably true amongst all evidence that may be produced in court to win a
case.

Most of the literature assumes that experts testify only in the form of
opinions, however, these assumptions are logically unfounded. Many
courts accordingly recognizes that an expert on the stand may give a
dissertation or exposition of scientific or other principles relevant to the
case, leaving the trier of fact to apply them to the facts.

Since much of the criticism of expert testimony has centered upon the
hypothetical question, it seems wise to recognize that opinions are not
indispensable and to encourage the use of expert testimony in non-opinion
form when counsel believes the trier can itself draw the requisite inference.

The use of opinions is not abolished by the rule, however. It will

continue to be permissible for the experts to take the further step of
suggesting the inference which should be drawn from applying the
specialized knowledge to the facts.

Studies have proved that forensic specialists/ experts can be

employed by a variety of entities, such as federal, state or local laboratories
or academic institutions. They may be called on to be expert witnesses or
hired as consultants to contribute specialized knowledge and advice on
scientific or technical issues.

Forensic experts may be subpoenaed or appointed by the court to

assist the judge or jury in a criminal or civil case, to help an indigent
criminal defendant, or to provide a third opinion on information and
evidence previously reviewed by the prosecution and defense experts.

Regardless of how or why expert witnesses are called to testify, they

must be prepared. They must test evidence or gather technical information
related to the case.
 When testing evidence, they must follow standard lab protocols and
procedures within the bounds of their authority. They must proceed step-by-
step, in an orderly and logical way, to obtain the test results, facts and
information on which conclusions are based.

After gathering information, expert witnesses must develop that

information into effective reports that are written in plain English, reflect use
of the scientific method and include valid documentation. Expert witnesses
and the attorneys or courts who request them must work together to stay
focused on the most important issues in the case and to help each other
understand technical and legal terms.

Accordingly, being prepared and organized helps expert witnesses

add a sense of professionalism to their testimony. It also helps during the
crucial and sometimes laborious pretrial discovery process undertaken by
opposing attorneys to learn the underlying facts surrounding a matter in
dispute. Discovery involves providing requested information to members of
the opposing side that may help them prove their case. It is structured and
driven by deadlines imposed by the court or by procedural rules.

Expert witnesses must convince the judge or jury that their testimony
is sound and truthful. They must be highly knowledgeable, organized, alert,
unflappable and ethical.

Speaking of knowledgeable, they must show that they are up to date,

have command of the subject matter in your field, and are knowledgeable
about the Rules of Evidence and any state or jurisdictional laws relevant to
the case. Know how to use such things as demonstrative as possible. They
have been given more credence as to their conclusions based on their
knowledge of the facts given to them as part of their evidence to be
submitted to the court. What they say in court might affect the weight of
evidence that would win the case. There are instance wherein conclusions
derived by expert witnesses were favored by the court.

Organization is also a must to forensic experts because they would

be able to easily reference and locate key pieces of evidence. Their reports
should always be updated to include results of retesting, further testing of
previous evidence or testing of new evidence. They should not be
contented on first testing. Further tests should be done to strengthen the
veracity of their conclusion. They should be updated with the latest trends
in the world of science especially forensics.

They should also be alert. It means they should answer questions

promptly and intelligently. How they respond to the questions asked in court
could affect their credibility. They should avoid mannerism and other
behaviors that would decrease their credibility as an expert in the field of
forensics. They should be prompt and strong with their evidence. They
must present it with conviction as they believe that they have more
credence with the subject matter.

Furthermore, they must be unflappable meaning they should not

appear combative or annoyed during questioning, especially during cross-
examination. Again, they should be well prepared with their answers when
asked in court. They should stick with their evidence which contains their
analysis of the tests done by them regarding the circumstances of the case.
Also, they should stand for what they know is true.

They should also be ethical. They must know the ethical standards of
conduct. Do not be persuaded into presenting false testimony. Display
objectivity, not advocacy. They should always present their evidence
accordingly based on the results of the test done by them.

With all these and for any matter that must be brought to court,
preparation must be centered on the requirements of the case that
establishes the cause of action or defense. The more prepared you are, the
better your chance for winning a case. Persuasiveness will always be
accounted in courts. They should make them believe of the things that they
should say in court. They must influence them with what they believe is true
and of value.

With that said, there are few things that should be remembered by
forensic witnesses even if they might be simple but these would greatly
help win a case.

Firstly, they should refresh their memory meaning before they testify,
they should try to picture the court, the objects there, the court personnel
and exactly what would happen during the taking of the testimony. This will
assist them in recalling the facts more accurately when asked a question.
If the question is about their opinion or conclusions of the tests done, and if
their answer is only based on scientific explanation, they should make sure
that they say it is only as scientific as possible or as simple as possible that
any simple person would understand.

They should always beware of suggestions by attorneys as to

scientific explanation without basis when they do not recall the actual tests
done or definition of such. Do not agree with their explanations unless you
independently arrive at the same explanation.

They should speak in their own words meaning they should not try to
memorize what they are going to say. Doing so will make their testimony
sound pat and unconvincing. Instead, they should be themselves, and
prior to trial go over in their own mind the matter about which they will be
questioned. They should trust what they know.

Appearance is very important. A neat appearance and proper dress in

court are important. An appearance that seems very casual or very dressy
will distract the jury during the brief time they are on the stand, and the jury
may not pay attention to their testimony. They should always look credible
and intelligent but not all knowing. They should stick to what they know and
say it with convictions during their testimony in court.

They should speak clearly. They should present their testimony

clearly, slowly, and loud enough so that the audience farthest away can
easily hear and understand everything you say. They should avoid
distracting mannerisms such as chewing gum while testifying. Although
you are responding to the questions of a lawyer, remember that the
questions are really for the judges benefit.

Do not discuss the case or the evidence to others. Lawyers who are
or will be sitting on the case in which you are a witness may be present in
the same public areas where you will be. For that reason, you MUST NOT
discuss the case with anyone. Remember too, that judges may have an
opportunity to observe how you act outside of the courtroom. They should
keep to themselves what they have to be presented in court unless they
are told to discuss such matters outside the court. It might also prejudice
the outcome of the case as their credibility might be attacked as a non-
credible expert witness.

They should be a responsible expert witness. When they are called

into court for any reason, they should be serious, avoid laughing, and avoid
saying anything about the case until they are actually on the witness stand.
Their credibility as an expert witness might be prejudiced if such
mannerism would manifest in court.

They should be in court when being sworn in as a witness. When

they are called to testify, they will first be sworn in, they should be present.
When they take the oath, they should stand up straight, pay attention to the
clerk, and say I do clearly.

Telling the truth is the most important of all, when you are sworn to
tell the truth. Every true fact should be readily admitted. Do not stop to
figure out whether your answer will help or hurt either side. Just answer
the questions to the best of your memory according to the tests youve
done and support it with scientific basis.

Do not exaggerate facts or opinions. Dont make overly broad

statements that you may have to correct. Accordingly, be particularly
careful in responding to a question that begins, Wouldnt you agree
that? The explanation should be in your own words. Do not allow an
attorney to put words in your mouth.

Listen carefully to avoid confusion. When a witness gives testimony,

he is first asked some questions by the attorney who called him/her to the
stand. The questions asked are for the purpose of direct examination.
When you are questioned by the opposing attorney, it is called cross
examination. This process is sometimes repeated several times in order
to clearly address all aspects of the questions and answers.

The basic purpose of direct examination is for you to tell the judge
and counsels what you know about the case. The basic purpose of cross
examination is to raise doubts about the accuracy of your testimony. Dont
get mad if you feel you are being doubted during the cross examination.
The defense attorney is just doing their job.

Do not lose your temper. A witness who is angry may exaggerate or

appear to be less than objective, or emotionally unstable. Keep your
temper. Always be courteous, even if the attorney questioning you appears
discourteous. Dont appear to be a wise guy or you will lose the respect
of the judge and audience.

Respond orally to the questions. Do not nod your head for a yes or
no answer. Speak aloud so that the court reporter or recording device
can hear and record your answer.

Think before you speak. Listen carefully to the questions you are
asked. If you dont understand the question, have it repeated, then give a
thoughtful, considered answer. Do not give an answer without thinking.
While answers should not be rushed, neither should there be any
unnaturally long delay to a simple question if you know the answer.

Explain your answer. Explain your answer if necessary. Give the

answer in your own words, and if a question cant be truthfully answered
with a yes or no, its okay to explain your answer.

Correct your mistakes. If your answer was not correctly stated,

correct it immediately. If your answer was not clear, clarify it immediately.
It is better to correct a mistake yourself than to have the attorney discover
an error in your testimony. If you realize you have answered incorrectly,
say, May I correct something I said earlier?

Sometimes witnesses give inconsistent testimony something they

said before doesnt agree with something they said later. If this happens to
you, dont get flustered. Just explain honestly why you were mistaken.
The judge, like the rest of us, understands that people make honest
mistakes.

Do not volunteer information unless asked by the court. Answer

ONLY the questions asked of you. Do not volunteer information that is not
actually asked for. Additionally, the judge and the audience are interested
in the facts that you have observed or personally know about. Therefore,
dont give your conclusions and opinions, and dont state what someone
else told you, unless you are specifically asked.

Dont set yourself up for error. Unless certain, dont say Thats all of
the conversation or Nothing else happened. Instead say, Thats all I
recall, or Thats all I remember happening. It may be that after more
thought or another question, you will remember something important.

They should take notice of objections by counsel. Stop speaking

instantly when the judge interrupts you, or when an attorney objects to a
question. Wait for the judge to tell you to continue before answering any
further. This would help them prepare and verify whatever it is that the
counsels objection would be.

Always state things with basis according to the conclusions derived

therein and for what you know. It would come to the point wherein there
would be no further objections once the testimony is supported with
scientific basis.

They should always be positive and confident. Give positive, definite

answers when at all possible. Avoid saying, I think, I believe, or In my
opinion if you can answer positively. If you do know, then say so. You can
be positive about important things which you would naturally remember. If
you are asked about little details which a person naturally would not
remember, it is best just to say so if you dont remember. Dont make up an
answer.

Always follow courtroom rules. When being questioned by defense

counsel, dont look at the prosecutor or at the judge for help in answering
the question. If the question is improper, the defense will object. If a
question is asked and there is no objection, answer it. Never substitute
your ideas of what you believe the rules of evidence are.

Always avoid talking to others about case. Sometimes an attorney

may ask this question: Have you talked to anybody about this case? If
you say no, the judge knows that doesnt seem right, because a
prosecutor usually tries to talk to a witness before he takes the stand and
many witnesses have previously talked to one or more police officers, or
other law enforcement agents.

It is perfectly proper for you to have talked with the prosecutor, police,
or family members before you testify, and you should, of course, respond
truthfully to this question. Say very frankly that you have talked with
whomever you have talked with the prosecution, the victim, other
witnesses, relatives and anyone else whom you have spoken with. The
important thing is that you tell the truth as clearly as possible.

Do not discuss your testimony. After a witness has testified in court,

he should not tell other witnesses what was said during the testimony until
after the case is completely over. Thus, do not ask other witnesses about
their testimony and do not volunteer information about your own testimony.

With all those said, there are indeed a number of considerations

outside of the substance of witness testimony such as appearance,
demeanor, and word choice that can and will have an influence on the
jury. Preparing an expert for trial is stressful, so it is easy to forget the little
things that can make a big difference in the overall trial presentation. Just
always be prepared.

Indeed, forensic science has become an integral part of the justice

system, with forensic laboratory scientists working to uncover details of
matters related to civil, criminal, and regulatory matters. Their work is
based solely on scientific investigation, thereby assisting law enforcement
personnel and facilitating judicial matters involving the investigation of
crimes and the resolution of legal issues.
The prospect of giving expert testimony can be intimidating, and
preparation is critical. And the most difficult part of dealing with an expert
witness is that trials are unpredictable.
However, preparation of your expert witness will help to reduce
uncertainty. Furthermore, careful and meticulous preparation of your expert
witness will help you catch many potential issues early on and ensure an
overall smoother trial process.
 It can be easy to overlook the fact that experts are not attorneys, and
may not be naturally comfortable in a courtroom environment. The best
way to help your expert and ultimately, in the case of clients, is to discuss
all the relevant legal aspects of their testimony, as well as any nuances
they should be aware of when presenting their testimony to the jury.
Although expert witnesss testimonies are given more credence, they
should also observe the proper conduct to be observed during the taking of
their testimonies.
In sum, we might be masters of our fields of work but we should also
take notice of the important things to be followed especially when we are
just invited to share our knowledge of the field we are in as this might be
helpful in saving lives of others.
If scientific, technical, or other specialized knowledge will assist the
trier of fact to understand the evidence or to determine a fact in issue, a
witness qualified as an expert by knowledge, skill, experience, training, or
education, may testify thereto in the form of an opinion or otherwise.
We should always be available to the needs of the courts.