Issue link: https://let.epubxp.com/i/272218
23 www.officer.com March 2014 Law Enforcement Technology T R A I N I N G The stronghold A witness can sometimes maintain power and control, even when the attorneys try to wrestle it away. It is not necessary to be in control to do well in the courtroom, but it is important not to feel controlled and to be comfort- able with your level of performance. A witness' minimum objective should be to resist being controlled. This allows the witness to comfortably defend his or her observations and conclusions. Maintaining control is a greater aspira- tion (and is more difficult to achieve). If successful, such mastery of the court- room can be profoundly satisfying. An expert witness who is well prepared for cross examination and performs well will generally find a cross examination that is less unpleas- ant. Furthermore, a cross examining attorney will be cautious in questioning a well prepared and competent wit- ness. The attorney may not score many points, and they certainly don't want to lose points. Train to win The most valuable thing an expert wit- ness can do to prepare for giving expert testimony is to undergo competent expert witness training. Expert wit- nesses and those who manage crime labs would be remiss in acquiring sub- ject matter expertise, but not taking the next step to learn how to convey their valuable information to the court in the most effective manner. It would be paradoxical for an expert to spend years developing knowledge and proficiency in their particular field of expertise, yet not spend any time learning how to be an effective witness. After all, it is the courtroom where the expert will truly be tested. ■ Jonathan W. Hak, Q.C., Dipl., B.Sc., LL.B., LL.M. (Cantab.) received his legal education in the United States, Canada and the United Kingdom. He works as a Crown Prosecutor in Canada where for the last 25 years he has examined and cross examined hundreds of expert witnesses. He teaches law in the United States and Canada, as well as courses on expert witness testimony. Circle 28 on Reader Service Card With proper preparation, planning and practice, even a challenging cross examination can be managed without harm to the expert's integrity, reputation or evidence. LET_20-23_Witness0314.indd 23 2/24/14 10:36 AM