Friday, May 10, 2013

Witness preparation and the uncontrollable witness

Prosectuor's Discretion has published a short comment by a prosecutor with some good advice on how to prepare a witness and the concerns over what he calls "uncontrollable witnesses."  The most interesting part of the comment relates to the concern over witnesses giving media interviews, which states, in part, "[i]t is never a good idea for a witness to give media interviews. The interviews are taped and are now prior statements where even the slightest misstatement may come back to haunt them at trial. The more interviews, the more possible inconsistencies. Plus, a person's hidden past might emerge once the media begins digging."  Go here to read the full comment.

The one thing I would add to the advice is to remind client's and witnesses about the risks of using social media.  It is surprising how many people post things on Facebook and other sites not realizing it how easily their comments can be read by others!

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