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Witness Preparation, Presentation and Assessment
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Witness Preparation, Presentation and Assessment

Justice Cameron Gunn, Mona Duckett, Patrick McGuinty
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
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A critical component of virtually every criminal trial, witness testimony has the power to make or break your theory of the case. Incorporating insights from Crown, defence, and judicial perspectives, Witness Preparation, Presentation, and Assessment offers readers practical guidance on handling the myriad of legal issues that may arise in the preparation, presentation or assessment of witnesses. 

This legal playbook is organized into three parts: preparation, presentation, and assessment. Part I covers the vital legal and ethical considerations of preparing various types of witnesses for trial. Part II provides readers with a roadmap to procedural issues that can arise during trial, including refreshing a witness’s memory, putting prior statements to a witness, cross-examining an expert witness, and more. Part III discusses factors related to credibility and offers practical guidance on drafting submissions, as well as reasons for judgement, from a judicial perspective. 

Whether a novice to the courtroom or a seasoned practitioner, this practical resource’s succinct and concreate guidance makes it a must-have for all criminal lawyers and judges confronting the complex realities of witness testimony. 

This text is volume 16 in Emond's Criminal Law Series. 

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  • ISBN/ISSN: 978-1-77462-376-3
  • Status: Available
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-377-0
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ISBN
978-1-77462-376-3
Page Count
338
Publisher
Emond Publishing
Publication Date
December 2022
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • “Practice Tips” sections that provide readers with decades worth of experience 

  • Chapter Summaries offering quick reviews of key takeaways. 

  • A foreword by Justice Michelle Fuerst of the Ontario Superior Court of Justice 

  • Charts, checklists, and tables that offer a practical overview of witness testimony procedures 

  • A chapter on assessing a witness’ credibility with custom content for judges. 

  • A chapter on preparing vulnerable and child witnesses for trial. 

  • Discussion on the application of the rule in Browne v Dunn 

  • A credibility assessment checklist to assist both judges and lawyers when dealing with or making submissions on issues of credibility.  

  • A cross-referencing system 

Part I: Witness Preparation
Chapter 1. Practical and Ethical Considerations in Witness Preparation
Chapter 2. Witness Competence, Compellability and Privilege
Chapter 3. Vulnerable and Child Witnesses
Chapter 4. The Uncooperative and Discreditable Witness
Chapter 5. Preparing the Expert Witness

Part II: Witness Presentation
Chapter 6. Presenting a Witness
Chapter 7. Presenting the Difficult Witness
Chapter 8. Cross-Examining the Witness
Chapter 9. Abiding by the Rule in Browne v Dunn
Chapter 10. Presenting Lay Opinion Evidence
Chapter 11. Presenting Expert Opinion Evidence
Chapter 12. Police Witness
Chapter 13. The Vulnerable or Child Witness

Part III: Assessment of Witnesses
Chapter 14. The Obligation to Assess the Value of Witness Testimony
Chapter 15. Reliability as a Factor of Credibility
Chapter 16. Veracity as a Factor of Credibility
Chapter 17. Articulating the Analysis: The Sufficiency of Reasons
Chapter 18. The Credibility Assessment Checklist

Table of Cases
Index

Chapter 1. Practical and Ethical Considerations in Witness Preparation