What do we really know about witness preparation?

Abstract

Witnesses often meet with an attorney or witness preparation specialist before trial to review, discuss, and sometimes modify the substance and delivery of their anticipated testimony. This process is commonly referred to as witness preparation. During witness preparation, witnesses are taught to use effective testimony delivery skills (e.g., verbal and nonverbal communication skills) so that they will be perceived as being credible and persuasive in the courtroom. Although social scientists know much about communication skills, credibility, and persuasion, few published studies have attempted to determine whether or not these factors can be modified through witness preparation training. The present article reviews the psychological literature pertaining to witness preparation and makes recommendations for needed witness preparation research. Copyright # 2002 John Wiley & Sons, Ltd. Witness testimony is often the most important component of a trial. Attorneys argue legal cases by presenting witnesses who have information supporting their side of the case and by cross examining witnesses called to testify by opposing attorneys. Although attorneys direct the presentation of information to the court by deciding which witnesses to call and what questions to ask, most of the information that is presented comes from witnesses' testimony (e.g., litigants, victims, eye-witnesses, and expert witnesses). Because attorneys structure their cases according to their witnesses' testimony, they often tell jurors during opening and closing statements that this testimony is the 'real evidence' of the case (Selkirk, 1992, p. 18).It is a common misbelief that witnesses simply arrive at the courthouse, take an oath of honesty, and then testify to the court about what they know (Applegate, 1989). In reality, witnesses often meet with an attorney or witness preparation specialist before trial to review, discuss, and sometimes modify the substance and delivery of their anticipated testimony. This process, typically referred to as witness preparation, allows attorneys to present witnesses who are thoroughly familiar with the subject matter of their testimony and able to persuade judges (Applegate, 1989).Although witness preparation is common, numerous controversies surround its use. Witness preparation has been called a 'dark secret' of the legal profession because it occurs behind closed office doors and often remains confidential (Applegate, 1989). For example, attorneys are not obligated to reveal the witness preparation procedures that they use to prepare their own clients because this information is protected by attorney-client privilege (Davis & Beisecker, 1994). These circumstances have led the public to mistakenly believe that the purpose of witness preparation is for attorneys and clients to collaborate in the fabrication of misleading testimony (Applegate, 1989). It is unethical and illegal for attorneys to assist in the fabrication of misleading testimony (American Bar Association, 2001, §1.2d & §3.4b; see Salmi, 1999,...

Self-efficacy and confidence: Theoretical distinctions and implications for trial consultation.

“…This study yielded witness confidence-related behavioral targets for witness preparation. Indeed, several of these had been empirically validated earlier as targets of witness preparation by Boccaccini andcolleagues (2003, 2005). Consultants working within the PTWP model can aim persuasive testimony development at the list of behaviors connoting medium confidence.…”

“…Boccaccini (2002) Boccaccini, 2002;Boccaccini & Brodsky, 2003) employed as a framework for witness preparation research. PTWP uses initial videotaped testimony as a baseline of testimony delivery for a witness.…”

“…In his seminal work on witness preparation research, Boccaccini (2002) advised that new methods for witness preparation are needed. The integration of self-efficacy enhancement techniques with the PTWP framework addresses this need.…”

Witness self‐efficacy: Development and validation of the construct

“…Witness preparation arose as a common practice for trial consultants and attorneys to bolster a witness's ability to testify (Boccaccini, 2002;Posey & Wrightsman, 2005). Neal (2009) made an important clarification regarding a witness's ability to testify.…”

“…In his seminal work on witness preparation research, Boccaccini (2002) The literature on bolstering self-efficacy beliefs is plentiful (e.g., Bandura, 1997;Crain, 2005;Ozer & Bandura, 1990;Schunk & Zimmerman, 2007;Tams, 2008;Yudowitch, Henry, & Gutherie, 2008). As noted earlier, Bandura (1997) outlined four empirically-supported methods for development and adjustment of self-efficacy beliefs.…”