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Analyze Your Witness. Hahn, supra at 5
- Prepare a Checklist using the Benchbook Instruction on Witnesses. See U.S. Dep’t of Army, PAM. 27-9, Military Judge’s Benchbook , para 7-7-1 (1 Jan. 2010) (hereinafter DA Pam, 27-9). Consider, based upon your previous interviews, and your knowledge of the case, how the panel will view your witness using the following criteria:.
- Knowledge Factors:
- Ability to observe,
- Ability to accurately recall.
- Bias Factors:
- Lawyers hold that there are two kinds of particularly bad witnesses – a reluctant witness, and a too-willing witness.Charles Dickens
- Conduct in court, Friendships and prejudices,
- Character for truthfulness,
- Relationship with either side of the case,
- How the witness might be affected by the verdict,
- Probability of their statement.
- Objective Evaluation Criteria:
- Is their testimony supported or contradicted by other evidence,
- If contradicted, whether it is attributable to an innocent mistake or a deliberate lie,
- If contradicted, is it a matter of importance, or an unimportant detail?