Handbook of Forensic Psychiatric Practice in Capital Cases
• Avoid the use of jargon or, if you have to use it, simplify and explain it
• If you are asked a question implying a dichotomous choice of answers, then use ‘Yes, but…’ as a response; if you are challenged as being ‘self re-examining’ then resort to the judge and argue, if true, that to give a simple ‘yes or no’ reply will have the effect of misleading the court
Before the hearing itself
In the UK, the timing for the hearing of criminal cases is often not finalised until the preceding afternoon, depending on the judge’s other commitments. Each court has a List Office which can provide details, and listing sheets are printed and displayed typically in the main reception area of each court.
Airport style security is in operation at most courts, including metal detectors and rub down searches. Certain items, such as dictaphones, are sometimes prohibited. Mobile phones are allowed, although should be switched off when in the courtroom itself.
Courts are typically busy places. If you do not know who you are looking for, they can be hard to find, especially as, at least in the UK, many people will be wearing identical wigs! If you cannot locate a lawyer, ask the court usher, who will be dressed in a black gown and who will typically wander in and out of court. Alternatively, have a tannoy call put out from reception.
Check with the lawyer whether you may sit in court to hear other evidence being given, perhaps from another expert or the defendant.
Check also the words to use to address the judge; this varies according to the type of court. (As a last resort listen to what term the lawyers are using).
On entering, if the court is sitting, bow slightly in the direction of the judge and then take a seat, if you have been invited to sit behind the lawyers.
You will be ‘called’ to give evidence by the lawyer who has asked you to prepare the report. Whilst nerves are to be expected, it is important to attempt to portray a confident demeanor, initially whilst walking from your seat to the witness box. Once there, you will be asked to take a religious oath or make the affirmation. Tis is a good point at which to ‘get the measure of the hall’, in public speaking terms, to get your speed of speech right, and to get used to hearing the sound of your own voice. Stand, even when invited to sit; it is easier to appear to speak with authority from a standing than from a sitting position.
Te process of giving evidence is divided into three parts: examination in chief, cross examination and re-examination.
Examination in chief
Te purpose of giving evidence is to help the judge and jury reach the correct conclusion in a case, not to help the legal representatives who requested your attendance at court; also, questions asked by counsel are asked always ‘for the court’, even though they may sound partisan. Hence, stand with your feet facing the judge and jury; this helps give the impression that you are talking directly to those who, in the end, have to reach a decision based on the evidence that they hear. Te process of giving
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