VERIFICATION OF TESTIMONY

A witness maybe asked to verify testimony, which may be read to the witness or the witness may read the testimony from a copy of the court record. Then he or she is called before the court to correct, amend, or verify the testimony.

Witnesses are warned not to discuss their testimony with anyone. This warning is given to ensure that the testimony of a witness is not colored by what was heard from another witness. The defense and the prosecution, however, are allowed to discuss the case with their witnesses in advance. When collecting evidence for the prosecution, you may ascertain, through statements, what a witness knows of the case.

WEIGHING EVIDENCE

All evidence and testimony introduced at a trial are considered in reaching a verdict, together with facts of evidence recognized by the court. Such facts fall into three general groups, as follows:

1. The first group includes facts that are common knowledge to every person of ordinary intelligence. For instance, qualities and properties of matter; well-known scientific, geographical, historical, and physiological data; the composition and use of common articles; the character of weapons; time, days, and duties; and the existence, appearance, and value of money are included in this group.

2. Matters that maybe ascertained readily, such as the time of sunrise on a given day.

3. Matters that a court (civil or military) should know as part of its own special function, such as the Constitution, treaties, Federal law, the UCMJ, and General Orders.

As stated previously, members of the court may admit any of the aforementioned matters that apply, together with all the evidence introduced. Their knowledge of facts must come to them through the evidence; but, in weighing the evidence given by the various witnesses, members of the court are expected to use common sense, and knowledge of human nature and of the ways of the world. Thus, the court may believe one witness, yet disbelieve several witnesses whose testimony conflicts with that one.

CROSS-EXAMINATION

Cross-examination is intended to test the extent to which the testimony of a witness can be relied upon. An attempt to make a story stand up under cross-examination is difficult, especially when it is not

entirely true. Wide latitude is allowed in cross-examination, and leading questions are permitted. If the accused takes the stand, he or she usually is exposed to a searching cross-examination.

SUMMARY

As a Master-at-Arms, you are expected to have the greatest credibility. Your character should never be open to criticism. Develop your power of observation and memory to the fullest extent, and be straightforward in presenting your testimony. You must show no prejudice; your appearance must be smart; and your deportment must be above reproach. At all times, maintain the highest reputation for truthfulness. In this chapter, we have discussed the sources, applicability, and points of interest of the military law of evidence. The forms, types, and admissibility of evidence were also covered. Finally, court proceedings and examination techniques were discussed.