Legal Question in Criminal Law in Washington

shooting victim

If someone was shot in a robbery attempt, and had the opportunity to face his attacker in court later, what options would he have? For example, would the victim appear in person, would he have to testify, could he submit a written testimony, etc. What would be the procedure? Thank you very much for your help.


Asked on 2/16/01, 7:46 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: shooting victim

The victim would possibly see his attacker during a prearranged line up at the police or sheriff's station or jail. The attacker would not be able to observe his victim there.

The next opportunity might possibly be at the preliminary hearing (preliminary examination) in which the judge determines if there is sufficient evidence to warrant a trial. The level of proof here is very low and much of the evidence is read into the record by a police officer. But still you might be called by either side to testify.

The next would be at the trial if the attacker doesn't take a plea. The attacker has a right to cross-examine the witness(es) against him/her. This will not be done by any written report, written statement, nor by a video taped interview that you've given as witness(es). It might be possible that someday with both sides in attendance a video might be made of a witness and eventually that shown to the jury. But I've not heard of any instance of that happening now.

The old English axiom is, "The engine of justice of Anglo-Saxon Jurisprudence is the right to cross-examine witnesses against you." And this is rigorously adhered to.

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Answered on 4/02/01, 10:25 am


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