When people testify at criminal trials, their testimony is considered evidence. The trier of fact, be that a judge or jury, will hear the testimony of an eyewitness and assess it on two bases. First, they will assess the credibility of the witness, meaning the truthfulness of their statement. Second, they will assess the reliability of the witness, meaning the accuracy of their recollection of events. If the trier of fact finds the witness to be credible and reliable, then they will assign a high degree of weight to their testimony. Convictions on the basis of testimony alone are possible depending on the circumstances and the weight given to that testimony. It is also possible for an accused individual to be convicted on the basis of witness testimony in combination with other evidence.
From a practical perspective, the testimony of a witness at trial is guided by examinations. There are examinations in chief, which are conducted by the side calling the witness, and cross examinations, conducted by the other side. During examinations in chief, the lawyer must ask open ended questions and is not permitted to lead the witness towards a specific answer. However, these restrictions are not present during cross examination.
If you or someone you know is facing criminal charges, it is crucial to speak with a qualified criminal defence lawyer. At Collett Read LLP, we have the experience and knowledge to assess your case and can guide you through the legal process. Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
