Terms
Witness
Testimony from individuals with pertinent information about a crime is paramount to developing a clear and accurate picture of the facts in a criminal case. A witness to a crime will usually be asked to testify in a criminal case. A subpoena is the formal way of requesting that a witness testify in a criminal case. In most jurisdictions, a subpoena requires a witness to appear before the court to answer questions under oath on a certain date and time.
A witness may be the victim of a crime, or someone who heard, saw, or otherwise observed the crime take place. These are often called eye-witnesses. A witness may also be someone who did not directly observe a crime. A witness can be someone who has information about a piece of evidence or knows something relevant to the case that may add information or contradict the testimony of another witness. An expert witness is a person who specializes in a field relevant to the crime.
A witness can be called for the defense or for the prosecution. When a witness is called for the defense, the defense attorney will typically request a subpoena be issued for that person's appearance in court. The testimony of the witness is generally expected to strengthen the defendant's case. If a witness is called by the prosecutor, they will generally be expected to provide testimony that will aid the case of the prosecutor. Despite these expectations, a witness is required to tell the truth, whatever that might mean, under oath at the specified hearing or trial in a criminal case.
The witness in a criminal case may first be required to appear at a preliminary examination. In some cases, there may be additional hearings prior to this where a witness will be required to testify. The subpoena will spell out exactly when and where a witness is to go. The witness may also be contacted prior to this appearance date to discuss the case with the defense attorney or the prosecution. A witness has the right to refuse to make statements prior to the case.
A witness will have to testify in front of the defendant as required by the United States constitution. The constitution states that a defendant in a criminal case shall be confronted with all the witnesses against him and have the right to gather witnesses in their defense. There are also a number of additional protections afforded by law to the defendant and all witnesses in a case. There are laws to protect a witness against bribes, harassment, intimidation, and threat.
A witness who receives a subpoena is required to appear at the requested date and time. If they fail to do so they can be held in contempt of court. This means that the court may issue a bench warrant ordering the police to detain the witness and bring them before the judge. A witness who violates a subpoena may face fines and even jail time. Prior to the appearance date, the witness may have the right to request a change on valid grounds or to object to the subpoena with reasonable cause.
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