By definition a court room witness is a person who gives testimony under oath and penalty of perjury in a court of law. They are legally required to appear in a court room setting and speak on the cases behalf. Witnesses are often times in a position to speak in front of a jury, as well as all of the court room officials and permitted people however; federal cases are closed to the public. They are questioned by either the prosecutor or the defense. Witnesses are more likely than not familiar with a court room setting and are uninformed of their rights in front of a jury, specifically a federal grand jury.
When a witness is given a subpoena, they are legally bound to be truthful and present in the court room. They are expected to answer blind questions to the fullest extent and as truthfully as they can. Typically, a witness is unaware of the fact that there are rules and rights, so they either lie or they only tell sections of a story in hopes to not find themselves in trouble as well. This can potentially be harmful to the witness, and jeopardize the case as a whole.
One of the most critical rights that witnesses are entitled to is the ability to “plead the fifth”. This is taking the Fifth Amendment and not having to speak on the stand once the action is taken. This is a way to avoid self-incrimination and not have to perjure oneself on the stand. At any given point a witness can a “take the fifth” and refuse to answer the questions being asked. This is mostly used when a witness cannot speak on what they know or saw without showing evidence of their own crimes. The Fifth Amendment is protected under the constitution of the United States. If a witness can play their cards well, they may potentially be able to convince the prosecutor to grant them immunity. This ensures that they can openly speak and not incriminate themselves. This also means that the witnesses Fifth Amendment rights are temporarily terminated and they have to answer everything asked fully and truthfully. This is often times something a witness is unaware of.
Another right that witnesses for a federal grand jury have is that they are entitled to an attorney before testifying. The witness’s attorney may not be in the court room, but they are permitted to be outside the Grand Jury room. The witness may step out of the court room to consult with their attorney before answering any questions they may be asked. This is critical to avoid self-incrimination if that was a potential issue.
Witnesses are entitled to a form of reimbursement as well. They are often paid around forty dollars a day and are compensated for their travel expenses. There is no special treatment or bribe to get a witness on board to testify. There is a legal document that states they must attend court on the date and time and it is illegal to not do so. Witnesses are losing work and money but they are still expected to be present and will receive some form of small payment.
Witnesses
have the same rights that anyone has but the most important and critical thing
is that they have the right to be informed and involved. They are not forced to
speak off of the stand. They are not to be treated as if they committed a
criminal act. They are simply people who may have seen or participated in an
act that is missing information. They are granted rights that are critical to
preserve the foundation of “innocent until proven guilty”. Witnesses are key
players in a court room because they can make or break a case. They have rights
that they must know especially because they are brought into the court room
environment without wanting to be there, which will make them more inclined to
be comfortable enough to speak on the cases behalf.