Analyze Your Witness. Hahn, supra at 5

  1. militarydefenselawyers141Prepare 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:.
  2. Knowledge Factors:
    1. Intelligence,
    2. Ability to observe,
    3. Ability to accurately recall.
  3. Bias Factors:
    1. Lawyers hold that there are two kinds of particularly bad witnesses – a reluctant witness, and a too-willing witness.Charles Dickens
    2. Sincerity,
    3. Conduct in court, Friendships and prejudices,
    4. Character for truthfulness,
    5. Relationship with either side of the case,
    6. How the witness might be affected by the verdict,
    7. Probability of their statement.
  4. Objective Evaluation Criteria:
    1. Is their testimony supported or contradicted by other evidence,
    2. If contradicted, whether it is attributable to an innocent mistake or a deliberate lie,
    3. If contradicted, is it a matter of importance, or an unimportant detail?