Credits: Thank You
Guide Contents
Trial Superior Court
Section 2 ~ Page 3
Trial Superior Court - Section 2 ~ Page 2
Witnesses are only allowed to answer most questions from the prosecutor and defense attorney with a simple "yes" or "no" response, without being allowed to go into specific details. In most instances prosecutors are prohibited from asking leading questions such as "Isn't it true that the victim was wearing a navy blue jacket?" Rather he would have to ask, "What was the victim wearing?" Limitations on the way questions may be asked and responded to necessitate what seems like an endless repetition of the same question before a complete response is obtained. If you listen carefully, however, you will note that there are subtle differences in the presentation of each question ~~ subtleties that gradually and systematically bring forth more legally admissible information to the jury. It can be very frustra- ting to observe this process, especially when you know that there is more valuable information involved than can be accurately conveyed with a "yes" or "no," or other limited form of response.
Of all the witnesses called to testify, those probably most difficult for you to listen to will be the person(s) who may have witnessed the murder, the person(s) who discovered your loved one's body, and the medical examiner. Their testimony may cause a "video effect" in which you visualize what your loved one went through during the final moments of his life.

The medical examiner's testimony provides graphic details of the injuries which resulted in the death, and will be especially difficult for you to hear. His report is cold and technical. During the medical examiner's testimony, photos of your loved one's body a may be introduced as evidence to the jury. The defense may object to this arguing that they are "inflammatory and may cause undue prejudice." If you prefer not to be in the courtroom during the medical examiner's testimony, ask your advocate to inform you of when he is scheduled to testify, and you can arrange to leave the courtroom during that period of time.
Objections:

The testimony of a witness may be interrupted several times by either attorney who may raise an objection to a question or the witnes's response to that question. An objection is an attorney's way of making an official declaration before the court of his contention that the matter or evidence being objected to is being introduced improperly or illegally. The judge must then decide whether the objection has a legal foundation by sustaining (approving) or overruling (rejecting) the objection. If an objection is raised during your testimony, you must wait until the judge makes a decision on the legality of the objection before you respond.
Side-Bar Conferences:

Quite frequently during the trial the judge will ask the attorneys to approach the bench, or one of the attorneys will request to be heard at side-bar. Many issues arise during the course of a trial that require a prompt decision to be made by the judge. In order to ensure that the jury is not influenced by evidence they should not hear, the judge and the attorneys will have a short conference at the side of the judge's bench.