How to Authentication Digital Audio Evidence in 5 Steps:

During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury.

A witness for the prosecution is a witness who is brought into the court in order to provide testimony which supports the prosecution’s overall case. Such a witness statement would function as a summary of the facts and evidence which the witness is going to provide in testimony.

1. Establish a Chain of Custody.
2. Critically Listen to the Audio Recording.
3. Electronically Measure Aspects of the Recording.
4. Visually Inspect the Audio Recording.
5. Analyze the Metadata.

Sometimes, the officer’s temporary lapse could be remedied by examining an item or document. However, even if permitted to take paperwork to the stand, a witness should not access or look at anything, including notes or reports, without obtaining permission.

But in most states, it is technically improper for the officer to simply read directly from notes (or from any other document) while testifying in court. In other words, the judge will let the officer review the notes but then require that the officer’s testimony actually come from his or her recollection.

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.

Don’t lead on redirect. Some leading is necessary and desirable, to direct the witness to particular issues raised on cross-examination.

After a witness has been dismissed from the stand, the witness shall not be recalled by the same Party, without permission of the Court.

Judges sometimes allow the lawyers more than two chances at direct and cross-examination. (Thankfully, these chances aren’t called “re-re-direct,” “re-re-cross,” and so on—just “redirect” and “recross”).

Cross Examination: The questions which a lawyer puts to the party or a witness on the opposing side. This is designed to test whether the witness is telling the truth.

Typically, when attorneys ask to approach the bench they want to discuss a point of the case. Most often, these discussions concern matters of law or procedure. These discussions are purposefully held out of the jury’s hearing to avoid confusing the issues or influencing the jurors.

approach the bench. v. an attorney’s movement from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury.

First of all, what is a sidebar? It’s an opportunity for the attorneys to approach the judge and speak to him privately during the course of testimony at trial. It’s an opportunity to discuss a legal issue that is of significant importance that is out of earshot of the jury.

A claim must be arguable but stated as a fact. It must be debatable with inquiry and evidence; it is not a personal opinion or feeling. A claim defines your writing’s goals, direction, and scope. A good claim is specific and asserts a focused argument.