Witness testimonies are a cornerstone of the judicial system, and recording them as accurately as possible is vital. Audio or video recordings are preferred, but they present usability challenges. Legal transcription services can convert recordings into digestible, quickly searched written forms, effectively addressing these shortcomings. However, choosing the right transcription provider for witness testimonies requires careful consideration, like how lawyers must consider witness statements carefully.
In this article, you’ll learn how:
- Witness testimonies are essential to judicial proceedings. Several types offer different advantages and can be used for different circumstances.
- It is crucial to record witness testimonies as closely as possible. Audio and video recordings are great for this, but they’re often impractical for review purposes. Transcripts provide an easier, more convenient way to access and review witness testimonies.
- An in-depth study proposes that transcripts must address five vital questions, three of which are connected to choosing the right transcription company. Ditto Transcripts effectively addresses all three.
What Is A Witness Testimony?
I’m sure you have heard this phrase on TV and in legal dramas. Witness testimonies are a vital part of the judicial process. In it, witnesses are called in to provide an oral statement connected to an ongoing criminal or civil case.
Witness testimonies are given under oath; witnesses must provide the most truthful version of events. Failure to do so exposes them to the penalty of perjury. Testimonies are often held in the presence of prosecutors and defense counsels, and the witnesses can be questioned and cross-examined to determine the validity of their statements.
Witness testimonies play an essential role in the legal system. They are one of the most common types of evidence submitted in trials. Cases can be built and strengthened with the proper testimony. Further, testimonies can also disprove claims as they can both corroborate and contradict other submitted evidence, enhance or diminish credibility, and overall aid investigations and court proceedings.
Types And Examples Of Witness Testimonies
There are three widely recognized types of witnesses in the United States. They are:
| Type of Witness | Role and Description |
| Lay Witness | Provides testimony based on personal observations or experiences, relaying facts without expert analysis. Essential for describing events or circumstances directly encountered. |
| Expert Witness | Offers specialized knowledge or opinions in a particular field relevant to the case. Crucial for interpreting technical or complex aspects. |
| Character Witness | Testifies about someone’s character, reputation, or behavior, often influencing the court’s perception of the individual’s credibility. |
Each witness differs in the type of statement they present to the court, making them distinctly beneficial in certain circumstances.
How Are Witness Testimonies Saved?
Since witness testimonies are vital to the rule of law, lawyers and judicial bodies ensure these testimonies are recorded for future use. The most common preservation methods are:
- Written testimonies: Written testimonies are formal statements that can be given in place of presenting testimony in court. With it, the providing party recounts the events in writing, either via a deposition or an affidavit.
- Court reporters and stenographers: The court records the trial or testimony using audio or visual equipment as the statements happen. Court reporters use a stenographic machine or a stenomask to record what was said in real time. The court reporter then requests a copy of the audio (or video) and will use it to complete the official transcript for court use or public release.
- Audio or video recording: Recording devices are set up in court or the deposition venue to capture the entire testimony, including questions asked by counsel.
Out of the three options, recordings present the most benefits. Audio and video files present the most accurate picture, including every action taken, sound uttered, or word spoken.
Issues With Testimonies
Due to its importance, witness testimonies are under much scrutiny, and the data doesn’t paint a pretty picture.
Studies have found that eyewitnesses misidentifying suspects in their testimonies is one of the leading causes of wrongful conviction. To add, the Death Penalty Information Center has noted 46 cases in which honest and malicious misidentification put innocent people on death row.
Issues extend beyond the eyewitnesses themselves. Real-time court reporters, regardless of their skill level, are only human—they can make errors in the transcripts. They can also experience technical issues, unforeseen interruptions, time pressures, and other difficulties that can increase the likelihood of errors.
If these errors are missed during proofreading, they will be included in the certified transcript and used in criminal or civil procedures, tainting the judicial process and potentially derailing the eventual verdict.
While we can do little about the accuracy of witness testimonies, we can address the accuracy issue regarding testimony transcription.
How Reliable, Accurate Transcription Can Help
Audio and video recordings can be reliable for witness testimonies. However, their nature can make it difficult to use them for review.
For example, prosecutors might need to watch a video multiple times to capture specific interest points when building their cases. The viewer may find it necessary to mark certain sections for their importance and note them while recording the exact time for commenting.
Additional copies of the recording might be needed—a time-consuming and potentially insecure task as the files are either copied to external storage or uploaded to websites.
That’s why, to address these issues, lawyers and courts have turned to transcription.
Aside from direct recordings, transcripts can convey the most accurate and detailed representation of the witness testimony. With transcripts, witness testimonies are easier to store, distribute, and review. Files are digitally searchable, and, depending on the program used, comments and notes can be directly placed in relevant sections.
Additional Benefits Of Witness Testimony Transcription
Transcription offers many advantages, like:
| Benefit | Reason |
| Accurate Record Keeping | Ensuring a precise written record of the testimony is crucial for legal proceedings and future reference. |
| Easy Accessibility and Reference | Transcripts provide easy access to specific information, allowing lawyers and legal professionals to reference key points in witness testimonies quickly. |
| Enhanced Legal Preparation | Lawyers can use transcripts to prepare for trials, depositions, and cross-examinations more effectively by analyzing the detailed accounts of witness statements. |
| Efficiency in Legal Proceedings | Streamlines the review and analysis of witness statements, saving time in court and during pre-trial preparations. |
| Permanent Legal Documentation | Provides a permanent, unalterable record of the witness testimony, which is essential for maintaining the integrity of the legal process. |
| Improved Accuracy in Translation | Transcripts offer a precise base for accurate translation of testimonies into different languages if translations are needed. |
| Supports Appeal Processes | Transcripts are crucial in appeal cases, serving as the official record of what transpired during the original proceedings. |
| Facilitates Remote Access | Digital transcripts allow remote access to witness testimonies, which is beneficial when physical presence isn’t possible or convenient. |
| Better Accessibility for Disabilities | Transcripts assist individuals with hearing disabilities or other impairments in accessing and understanding witness testimonies. |
| Facilitates Fact-checking | Lawyers and legal professionals can fact-check witness statements more effectively with a written record, ensuring the consistency and reliability of the testimony. |
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?
- Who has agency?
- Who has 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 transcription service addresses all three.
Accuracy: 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 more suitable for wiping table tops than for use in formal legal settings.
You don’t have to worry about that with Ditto. U.S.-based human transcribers, well-versed in legal documentation and procedure, will provide you with high-quality service, ready to produce accurate transcripts whenever you need them.
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 with no periods, commas, or format. These transcripts may end up looking 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, or they might 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.
Look No Further Than Ditto For Quality Witness Testimony Transcription
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 legal 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.
