When Sir Wilfrid speaks with Vole's German wife Christine, he finds her rather cold and self-possessed, but she does provide an alibi, although it is not entirely convincing. He is greatly surprised when, during the trial, she is summoned as a witness by the prosecuting barrister.

Vivien Leigh was considered for the role of Christine Vole.[6] Laughton based his performance on Florance Guedella, his own lawyer, an Englishman who was known for twirling his monocle while cross-examining witnesses.[3]


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The criminal justice system could not work without your help as a witness. Information provided by victims and witnesses aids in the identification and arrest of suspects. Your testimony is important for successful prosecution. Please keep the Victim-Witness Coordinator advised of your current mailing address and telephone contact numbers.

Before the trial, you will have a chance to discuss the case and your testimony with the Deputy Prosecutor handling the trial. You may also be contacted by the defense attorney or an investigator working for the defense attorney. The defense attorney and the defense investigator have the right to contact and interview witnesses. You have the right to request that a Deputy Prosecutor and/or a victim advocate attend the defense interview. Please contact the Victim-Witness Coordinator or the Deputy Prosecutor handling the case if you have questions.

When it is time for your testimony, you will be escorted to the Court where you will sign in at the Clerk's office and enter the Courtroom. The Deputy Prosecutor will call your name as the next witness and you will be asked to step forward, take an oath, and be seated at the witness stand.

The criminal justice system is far from perfect. It works best however when witnesses on both sides of the case are willing and prepared to testify honestly to the facts surrounding the incident. Thank you for assisting our service to the criminal justice system!

The Douglas County Prosecuting Attorney's Office understands the trauma and confusion of being a victim or witness to a crime. Please call the office at 745-8535, Monday through Friday, 8 am to 5 pm if you have any questions regarding your expected testimony.

Before a prosecutor begins a trial, there is much work to be done. The prosecutor has to become familiar with the facts of the crime, talk to the witnesses, study the evidence, anticipate problems that could arise during trial, and develop a trial strategy. The prosecutor may even practice certain statements they will say during trial.

One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant.

Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony. In court, the witness is called to sit near the judge on the witness stand. In order to testify, witnesses must take an oath to agree or affirm to tell the truth.

To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial. These conversations will help the prosecutor decide whom to call as a witness in court.

Another important part of trial preparation is reading every report written about the case. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case.

The prosecution probably will disclose the contents of a witness statement to the defense. You might think that this would make talking to the witness redundant, but the statement provided by the prosecution might not be complete or accurate. Sometimes the statement does not cover all of the information that the defense might want to know from the witness, since the prosecution is approaching the case from a different perspective.

A criminal defense attorney or their assistants have a right to ask a prosecution witness for an interview as long as they are not harassing or threatening them. The prosecution can advise the witness that they are not required to go through this conversation, but they cannot block them from meeting with the defense. The attorney rather than the defendant should conduct the interview. If the witness is a victim, the interaction may lead to additional charges if the defendant conducts it. Anything that the defendant says to a victim or any other witness can be used against them in court, and other complications also can arise.

An attorney might be able to convince a witness to talk with them despite their reluctance. In other situations, they might retain a private investigator to handle the conversation. This can avoid the problem of the defense lawyer needing to testify about the contents of the conversation if they need to impeach the witness for inconsistent statements at the trial.

"The play has all the usual advantages of Counsel in conflict, agonised outbreak in the dock, and back-answers from the witness-box. To these are added an ingenious appendix; the jury's verdict is only the beginning of a story that has as many twists as a pigtail." - Ivor Brown, The Observer

Many will be aware of Agatha Christie's popular and much-adapted tale involving a witness for the prosecution whose evidence is undermined. But, in the real world, last month we saw the latest discrediting of an expert witness who had been used by the prosecution in a number of fraud trials.

The prosecution offered no evidence against eight defendants accused of running a 7 million carbon-emission credits scam after the defence were able to identify a number of fundamental problems with prosecution's expert witness, Andrew Ager. Mr. Ager was relied on by the prosecution to show that the defendants must have known they were asking investors to buy a product that was essentially worthless. Suspicions arose in relation to Mr Ager after he contacted the defence expert witness and apparently attempted to dissuade him from giving evidence. The defence sought to cross-examine Mr Ager in a voir dire before he gave evidence to the jury. Some of the things that emerged from the cross-examination were:

The CPS has said it is reviewing past cases to identify those Mr. Ager appeared in as an expert witness and it will consider any action once those cases have been fully reviewed. Mr. Ager has been removed from the National Crime Agency's list of approved experts, but the impact of the findings in this case and the judge's comments is likely to be costly and time-consuming. And for those who were convicted as a result of a trial involving Mr. Ager and who undoubtedly suffered as a consequence, there is likely to be a lengthy wait while the review takes place.

Saul Haydon Rowe had been called as an expert witness for the SFO in three Libor-rigging trials. In ruling on whether one of the defendants in those trials, Alex Pabon, should have his conviction overturned due to the inadequacies of Rowe as an expert witness, the SFO's decision to use him came in for stinging criticism. His conduct was held to fall far below the standards expected of an expert witness in many ways, and fresh material which had come to light about Rowe's expertise would have 'permitted devastating cross-examination'.

The Court of Appeal found Rowe failed to understand and comply with his basic duties as an expert. He strayed into areas beyond his knowledge and failed to inform the prosecution of the limits of his expertise. He had also texted friends for advice while giving evidence. Whilst the Court of Appeal ultimately concluded that Pabon's conviction was safe, partly because Rowe's evidence did not have a sufficient impact on the key issue in the trial, the Court of Appeal did comment that the instruction of Rowe turned into an "embarrassing debacle" for the SFO.

Of course, the failure to use an expert witness causes problems of its own. In November 2018, the high-profile accounting fraud case brought by the SFO against two former executives at Tesco PLC collapsed after the judge concluded that there was no case to answer at the conclusion of the prosecution case. This decision was affirmed by the Court of Appeal in December, with its judgment revealing that one factor contributing to the downfall of the case was the prosecution's failure to call an independent accounting expert who could differentiate between legal and illegal accounting practices. In January 2019, the SFO offered no evidence in the prosecution of a third former Tesco executive who was accused in relation to the same alleged wrongdoing.

In 2011, the Law Commission published a report entitled "Expert Evidence in Criminal Proceedings in England and Wales", in which it argued for a statutory admissibility test for expert opinion evidence which would require the expertise of any purported expert witness to be proved on the balance of probabilities, and would thus "put the parties and the expert communities on notice that any individual claiming the status of an expert witness will not be able to provide expert evidence in criminal proceedings unless and until it is established that he or she is in fact an expert."1 Perhaps it is time to reconsider the Law Commission's Report and its broader recommendations. In the meantime, however, prosecutors must ensure that they subject potential expert witnesses to a thorough and considered selection process. This will be of particular importance in new areas for the prosecution, where it does not have or does not know of experts. However, appropriate scrutiny of the selected expert witness (or witnesses) by experienced counsel for the defence is also crucial. After all, if the defence team had not acted on its concerns regarding Mr. Ager, the outcome for the defendants may have been very different.

In a criminal prosecution, the state or federal government will often depend on a prosecution witness to prove its case. A prosecution witness is often a law enforcement officer, but may be a civilian as well. Civilian witnesses may include a victim of the crime, an expert witness, a confidential informant, or a bystander who witnessed the crime when it happened. 006ab0faaa

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