A Brief Look at Witnesses in a Trial

​Witnesses are individuals who provide testimonies during a trial. The witness is usually different from the accused and is often summoned by the court to give testimony about a matter. A witness’s testimony often influences the decision of the jury and it might make or mar a case. Witnesses are also called to establish the facts of a case and they might also be useful to disprove facts. So, the facts of the case are established by the testimony of the parties to the case taken in conjunction with the testimony of the witness.

The witness gives a testimony of events. So, a witness's dreams or subjective opinion on a matter will not count as verifiable evidence. Even an expert witness is not allowed to give subjective opinions. In a criminal case involving joint prosecution, a co-accused might serve as a witness and provide testimony for or against the co-accused. There are no age limits for witnesses, as minors can also serve as witnesses. Similarly, people with both physical and mental disorders can also serve as witnesses in a court of law.

There are three major types of witnesses namely, character witnesses, expert witnesses, and eyewitnesses. As the name implies, character witnesses are called upon to affirm the so-called good character of the accused during a criminal trial. The character witness is expected to take the oath of affirmation before answering questions requiring them to describe the person of the accused. Character witnesses are important because they often lay a foundational basis to establish the accused’s innocence. So, to establish the accused’s innocence, the character witness declares that the accused is a good person or a law-abiding citizen.

Another important type of witness is the expert witness. The expert witness provides expert opinion to affirm or dispute facts that have been presented by either the plaintiff or the defendant. The court calls on the expert witness to give opinions on issues or facts that are not necessarily within the knowledge scope of the jury. For instance, giving an opinion on the financials in a case involving money laundering so the jury has an expert understanding of how it works. Similarly, if a defendant raises the defense of insanity, an expert witness like a psychiatrist or counselor might be called upon to give their opinion.

Like the character witness, the expert witness is expected to take the oath of affirmation. They are also obligated to outline their qualifications and establish elements that make them experts on a particular matter. For instance, an expert witness who is supposed to give an opinion on the defendant’s alleged insanity might have to establish that they have acquired compulsory certification from the American Board of Psychiatry and Neurology (ABPN). They must also establish the years of clinical practice that they have.

Finally, eyewitnesses are the most common type of witness in civil or criminal trials. They are usually invited because they are believed to have witnessed the occurrence of a fact that is relevant to the case. The eyewitness is expected to take the oath of affirmation and tell the truth of the fact as they have experienced it. The eyewitness is not expected to make assumptions as their testimony should be fully about what they saw or heard.

Jonathan Jeffress

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