Case files with witness statements are complicated, and getting things right matters more than anything else. Small mistakes can lead to unimaginable problems, as they may change how a case turns out and affect people’s lives. Law enforcement agencies and courts must ensure the accuracy of documents like witness statements and transcriptions. Fortunately, modern solutions like enlisting the help of law enforcement transcription companies can help maintain the accuracy, quality, and usability of witness statement transcripts throughout the criminal justice process and beyond.
In this article, you’ll learn:
- Lawyers and police officers can obtain witness information in many ways, such as talking face-to-face, having people write it down, recording videos, chatting on the phone, or asking questions in court.
- Writing down exactly what witnesses say helps ensure they’re believed and treated fairly. It also creates a solid record that can be used later.
- The best way to write down witness statements is to use real people who know legal matters, not computers. This way, you can be sure almost everything is correct.
What Is a Witness Statement?
Legal proceedings often rely on firsthand accounts from people who have experienced relevant events. These accounts, known as witness statements, provide evidence for courts and investigators.
Police officers typically gather statements at crime scenes, while lawyers collect them during case preparations. For instance, a store clerk might describe the suspect’s appearance and actions in a robbery case. Then, judges and juries use these detailed narratives to reconstruct incidents and determine facts.
Can witnesses fake it? Although not impossible, false information in a statement is considered perjury and comes with serious legal consequences, such as hefty fines and several years behind bars.
The importance of accurate witness statement transcription cannot be overstated, as experienced lawyers strategically use these statements to build arguments and challenge opposing claims. Some courts allow other forms of witness statements as evidence when witnesses can’t testify in person—more on this in a second.
Ways Of Gathering Witness Statements In Courts
Unlike in the past, when witness statements could only be gathered through face-to-face questioning, we now have several ways of getting them. Below are some of the most common ones.
Method | Description | Advantages |
In-person interview | Face-to-face questioning by attorneys or investigators | Allows for immediate follow-up questions; Observes body language |
Written statement | Witness provides a written account of events | Gives witness time to recall details; Can be done at witness’s convenience |
Video deposition | Recorded testimony taken outside of court | Preserves witness demeanor; Useful when witness can’t attend trial |
Phone interview | Verbal testimony gathered via telephone | Convenient for distant witnesses; Cost-effective |
Court testimony | Digital form filled out by witness | Allows for cross-examination; Jury can assess credibility |
Sworn affidavit | Live witness account given during trial | Carries legal weight; Can be prepared in advance |
Why Accuracy is Non-Negotiable in Witness Statement Transcription
Any records related to courts must have absolute accuracy, which also applies to witness statement transcripts.
Specifically, the most significant factors that made accuracy an essential factor in witness statement transcripts are below.
Ensure Accurate Legal Decisions
Judges and juries often use transcripts to make decisions in court. Even a tiny mistake in transcription could change the meaning of a witness’s words.
For example, in a murder trial, a transcript that reads “I saw him leave at 9” instead of “I saw him leave at 8” could provide a false alibi. The transcriptionists transcribing the witness statements must be extremely careful with every word, as their work directly impacts the course of justice. In some cases, courts may even contact the transcriptionists to testify about their work.
Cross-Examination of Evidence
Some lawyers spend hours studying transcripts to prepare for questioning witnesses. If a transcript is not 100% correct, it can lead to misguided questioning, potentially undermining a case.
If a witness’s deposition transcript incorrectly states they were “at home” when they actually said they were “at work,” a lawyer might build an entire line of questioning around this false information.
Fortunately, accurate transcription services can solve this issue, as lawyers can now develop effective cross-examination strategies.
Cost and Time Efficiency In The Legal Process
In the worst-case scenario, poor transcripts can result in additional hearings or even new trials, wasting time and resources. Even more concerning is that a multi-million dollar verdict could be overturned due to transcript errors, leading to a costly retrial.
On the other hand, good transcriptionists can help keep legal proceedings moving smoothly by providing accurate records that withstand scrutiny. Their expertise in capturing nuanced legal terminology is essential for creating reliable transcripts.
Many courts have now implemented safety measures, such as using digital recording systems alongside human transcriptionists—using technology for backup while maintaining the understanding experienced professionals bring.
Witness Credibility in Depositions
When the written transcript doesn’t match what a witness actually said, it can severely damage their credibility in court, and it isn’t fair if the transcriptionist made the error.
If a witness says, “I’m not sure,” but it’s transcribed as “I’m sure,” it could make the witness appear inconsistent or dishonest when questioned later.
Accurate transcription protects witnesses from unfair scrutiny and correctly represents their testimony. Some courts even use real-time transcription during trials, allowing immediate error correction.
Appeals Process
Judges in higher courts often utilize transcripts to understand what happened in original trials when cases are appealed. Inaccuracies in transcripts only result in misunderstandings or incorrect rulings. Recognizing this importance, courts now require certified transcripts before accepting an appeal.
A certified legal transcript means the individual or company that transcribes a court or legal document is willing to stand behind their work and even testify to the authenticity and accuracy of their transcription work.
Transcribers who are qualified to certify their transcripts must meet these eligibility requirements:
- Resides in the U.S. and has legal citizenship
- Have previous experience transcribing legal proceedings
- Undergo a thorough criminal background check
- Are willing to certify any legal document they transcribe
- Will testify under oath if called upon
As you might have guessed, AI transcription platforms and foreign transcribers can’t certify transcripts for U.S. Courts without performing questionable workaround methods, such as falsely claiming a U.S. citizen wrote the transcripts.
Permanent Legal Record
Court transcripts are important documents that officially detail what happens in legal cases. People often look at these records long after a case is over.
These documents matter big time, even after the trial ends. Lawyers and judges might use them for many years, sometimes even decades later.
If these records contain errors, it can cause significant problems, especially when old cases are used to help decide new ones.
For example, if a judge’s words are transcribed incorrectly, it could lead to unimaginable repercussions. Other lawyers might even misunderstand the law being applied because of this error.
A ripple effect shows how a single error can propagate through the legal system over time. It reminds us why the accuracy of witness statement transcription is important for court proceedings.
Ensures Fairness To Non-Native Speakers
Precise transcription is especially crucial when someone testifies in court in a language that’s not their first. Subtle differences in word choice or phrasing can have significant meaning. Luckily, most experienced transcriptionists are attuned to these nuances.
For instance, in immigration court, the difference between saying “I left my country” and “I fled my country” could impact an asylum case.
It’s been widely recognized that many courts now use certified interpreters alongside transcriptionists to ensure accuracy for non-native speakers. Transcripts often include both the original language and the translation.
Why Ditto Is The Best Option For Witness Testimony Transcription
In the study titled, For the Record: Questioning Transcription Processes in Legal Contexts, Richardson et al. stated, “Transcripts are only ever a representation of the spoken talk and never direct copies, and they inevitably result in a loss of detail.”
This might not look like a great argument for transcription at first. However, they further state, “A written record (however detailed) can never capture spoken interaction in its entirety, but it can, when purpose and function are carefully considered, be fit for purpose.”
As a result, they proposed that every transcript must address five questions to overcome the inherent issues compared to video or audio recording. They are:
- How close is it to the original? (Accuracy)
- Who has agency? (Agency)
- Who has ownership? (Ownership)
- How useable is it? (Usability)
- How much resource does it require? (Resource Efficiency)
Numbers one, four, and five are particularly important and can guide lawyers, federal agencies, and courts looking for reliable transcription services. Here, we’ll answer how Ditto’s legal and law enforcement transcription service addresses all three.
Accurate Transcription: How Close Is It To The Original?
Ditto Transcripts offers high-quality verbatim legal transcription. We transcribe every letter, word, and utterance as close to the original recording as possible, guaranteeing clients more than 99% accuracy rates—something that not every transcription provides.
The usual reason for this is that some providers depend on automated transcription processes to meet their client’s requirements, a process that’s at best 86% accurate.
These providers often charge lower fees to cover their shortcomings, resulting in pages and pages of inaccurate transcripts that are more suitable for wiping table tops than for use in formal legal settings.
You don’t have to worry about that with Ditto. We understand why precise transcription of witness statements matters, so we employ U.S.-based human transcribers well-versed in legal documentation and procedure. These transcribers will provide high-quality service and be ready to produce accurate transcripts whenever needed.
Usability: How Usable Is It?
Another issue when dealing with automated or low-quality transcription is quality and format.
Automated transcription is notorious for providing a text stream without periods, commas, or format. As a result, these transcripts may look like the result of a cat sitting on a keyboard for too long.
Inexperienced transcription companies, meanwhile, might mess up the document format. They might not include speaker labels when necessary, use inconsistent fonts, or fail to follow your provided guidelines.
Ditto Transcripts ensures that professionals edit and format your transcripts, strictly adhering to your style guidelines and formatting instructions. Every witness testimony transcript gets to you ready for use, whether for documentation or submission to court.
Resource Efficiency: How Much Resource Does It Require?
High-quality transcription services often come at a steep price—but not with us.
Ditto offers affordable witness testimony and legal transcription services at affordable rates. Our standard rate is $1.75 per audio minute for a three-to-five-day turnaround time. We also offer more economical options with extended delivery times and rush options for as fast as within 24 hours.
Ensure Witness Statement Transcription Accuracy With Ditto
With Ditto, you know you’re working with the best. Experience accurate, professional transcription, affordable and flexible rates, CJIS-compliant security, and the best customer service in the industry. Not convinced? Allow us to show you why we’re the best with our free trial.
Ditto Transcripts is a CJIS-compliant Denver, Colorado-based law enforcement transcription services company that provides fast, accurate, and affordable transcripts for individuals and companies of all sizes. Call (720) 287-3710 today for a free quote, and ask about our free five-day trial.