PREPARING THE VICTIM (AND OTHER LAY WITNESSES) FOR TRIAL

7.4. PREPARING THE VICTIM (AND OTHER LAY WITNESSES) FOR TRIAL

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   Familiarize the victim with the courthouse, its occupants and their roles, and with courtroom procedures and rules.
   

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  Show her the location of the courtroom, waiting room, rest rooms, telephones and vending machines.
  

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  Walk through the courtroom together and show her where she will enter and sit, where you will be located when she testifies, where the advocate will be, who will swear her in and who will question her.
  

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  Make her aware of the presence and location of court officers, and with other safety features and protocols which will help protect her from the defendant and/or the defendant’s friends and family.
  

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  Explain the roles of the Judge, lawyers, court officers, probation officers, jury, witnesses, and the clerk.
  

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  Go over courtroom procedures and rules such as:
  

(2) how evidence is entered

(3) how you might refresh her recollection

(4) how to respond to multi-part questions

(5) her response to objections

(6) explain hearsay rules in general, layman’s terms

(7) sidebars

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  Review prior recorded testimony, police reports, witness statements involving her testimony as well as physical evidence and exhibits she will be asked about.
  

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  Tell her the importance of answering only the question before her, without exaggerating or withholding anything. Let her know that it is okay to answer, “I’m not sure”, “I can’t remember right now” or “My best memory is,” if that is the truth.
  

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  Explain that it is critical that she listen carefully to the question. Encourage her to pause before answering the question to be sure she has a complete understanding. Encourage her that it is okay to ask for clarification of a question or for the meaning of a word or phrase.
  

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  Let her know that she will not be allowed to give conclusions or opinions, and that offering additional information may anger the judge. Advise her to relate only what she herself observed or personally knew about. She should tell what someone else said only if specifically asked.
  

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  Inform her that the defense counsel may attempt to unsettle her or set her up for impeachment with certain lines of questioning such as, “Is that all that happened?”, “Was your memory better then or now?”, “You discussed this with the ADA, didn’t you?” Again, let her know that it is okay to answer, “I’m not sure” or “There may have been other things, but that’s all I recall right now.” Tell her that her discussions with police, prosecutors and advocates regarding court proceedings are perfectly acceptable.
  

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  Review with her the sequence of events before, during and after the assault.
  

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  Explain the necessity of asking certain questions which may seem particularly intrusive; e.g.: establishing penetration, specifying vulgarities used by the defendant, revealing personal information or sentiments toward the defendant.
  

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  Recommend that she avoid becoming angry, rude or sarcastic, even if the defense attorney’s questions are repetitive, intrusive, or insulting. Explain that the defense attorney may purposefully try to get her angry in front of the jury.
  

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  Suggest she use the same tone of voice with both lawyers.
  

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  Remind her that the jury is hearing her story for the first time and that they need to hear all the details, even though she has already told many people.
  

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  Prepare her for the possibility of a not guilty verdict and how it could affect her. Suggest that she may feel the outcome is unfair and irrational.
  

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  Tell her that no matter the outcome of the trial, she is to be commended for her service in testifying, for her strength and her selflessness.
  

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  Assure her that although the court experience may be difficult and stressful, you and the advocate will be there to explain, support, and help. Let her know that she is not alone.