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Jul 27

Witnesses and Parties Should Be Respectfully Addressed in Court

In court, attorneys should properly refer to the parties and witnesses as “Mr. Smith “ or “Dr. Green” or “Ms. Olivares.”  Lawyers should not refer even to their own clients by just their first names in court.  Attorneys often seem to forget that formality and decorum and politeness (not to mention civility) are both expected in court and necessary to earn the proper respect court proceedings require.  Avoiding use of first names for witnesses and parties was also once a matter of basic civil rights.  Hamilton v. Alabama, 376 U.S. 650 (1964) is also remembered as the “Miss Mary” case.  At the time, black witnesses and defendants in courts in the South were called by just their first names, unlike white people who were referred to as Mr. or Mrs. or Miss. When Mary Hamilton was arrested at a civil rights protest in Alabama in 1963, the prosecutor referred to her as just ‘Mary’ and she refused to answer his questions until he addressed her with the same level of respect that was given to ... Read More >

Post in: Constitutional Rights, Trial, Witnesses

Jun 5

The crime of witness tampering

The crime of tampering with a witness applies to both civil and criminal cases and can involve either offering or providing "any benefit" to the witness or acting to coerce a witness.  Witness tampering can involve influencing a witness to testify falsely, influencing a witness to avoid testifying or influencing a witness to not press criminal charges.  "Any benefit" is a very broad term and could include promises of money, assistance with a lawsuit or helping covering the costs of a move or vacation.  Case law summarized below shows that it does not take much to be considered coercion.  All lawyers should be very careful in dealing with witnesses, especially those witnesses who are crazy, who have a history of making false allegations or who tape record the promises and threats they receive about their testimony.  The best practice is to tell any potential witness,"I just want you to tell the truth," early and often. Section 36.05 of the Texas Penal Code states in part:  Sec. ... Read More >

Post in: Crimes in the courtroom, Trial, Witnesses

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