Years later and countless times testifying, I barely give the copies of my cites a glance before walking to the lectern to testify — with time and experience comes confidence. Looking back on the years I spent as a state and federal prosecutor, most of the many fine police officers I saw wounded on the stand in courtroom confrontations could have easily been victors had they just been properly trained and prepared for these encounters. It’s easy to let the attorneys unexpectedly shift your thought process if you don’t have a lot of practice in the courtroom, and you may forget the facts you want to speak about. The credibility and competency of law enforcement officers are being challenged and attacked in the courtroom more than ever before. Now it's time to go to trial. Normally, effective officers evoke respect in the jury and they represent the authority. You might sweat, shake, have trouble focusing, forget everyone's name (including your own! The testimony is inevitably self-serving and rarely helpful to the jury. Your reputation and that of your department may be enhanced or destroyed by your courtroom presentation. A: Yes. interacts online and researches product purchases Something happens to law enforcement officers when they take the stand. One of the four former Minneapolis police officers charged in George Floyd's death tried to warn his fellow officers during the arrest, his attorney claimed in court Thursday.. ), speak too rapidly, speak in a monotone voice, your voice may involuntarily raise or lower...all of these symptoms are normal. Question 1 1.5 out of 1.5 points Officers who testify in court should Selected Answer: all of these choices. How will police grants be impacted in 2021? This question really gets to the importance of the role played by the officer while on the witness stand. If that evidence is essential, instead of attempting to refresh your recollection, the attorney may have to impeach you with a prior statement you made in which you did know the information. Discuss this possibility with the prosecutor before your appearance to decide what you should and should not carry. Consider this humorous example taken from an actual court transcript: Q: James stood back and shot Tommy Lee? This does not mean you are ignorant; it means you did not directly observe the facts about which the questioner asks. If you don't understand a question, don't simply ask the examiner to "repeat" it. You're going to be called to testify. This is clearly communicated in their attitude and demeanor. Don't fill pauses with "um," "uh," "you know." Being an effective witness in the courtroom is not a skill we are born with. Do not try to impress the jury with your superior intelligence and vocabulary. Perhaps they will be called to testify as a witness in a marital and custody/visitation proceeding, or in a civil lawsuit where the patient is suing for emotional and mental harm caused by the negligence of another, or in a criminal case or a dependency court proceeding. An agent does not hand money to an informer to make a buy; he advances previously recorded official government funds." Look at each person or group of persons in the courtroom. This shows your respect for the jury's sensibilities and emphasizes the indecency of the language, which is usually the defendant's or a cohort's. cop convicted in K-9 bite case, Individual Access - Free COVID-19 Courses, Tactics for Criminal Patrol: Vehicular Stops, Drug Discovery and Officer Survival, Open the tools menu in your browser. If a defendant chooses not to testify, this fact cannot be held against him or her in court. While the lawyer can decide tactics and strategy, the lawyer does not get to decide if the defendant testifies. Organize your thoughts; don't be hasty. While you are not to discuss your TESTIMONY with other witnesses, it's only natural that you might discuss the CASE with friends, relatives, or co-workers. Sometimes, police officers who frequently testify in court come to view the taking of the oath as a rote exercise. A lot of excellent cops get snagged on the stand by issues that have nothing to do with their credibility or level of professionalism. People are naturally influenced by what they hear. ", [Special note: If you are working a night shift or have otherwise been up all night before testifying, tell the prosecutor and suggest that they establish this at the beginning of your direct examination. For some strange reason, they begin talking like they never do in real life. Always use the term, "Your Honor." The good news is that it is a highly trainable skill. In state and local courts, you may be armed whether you are in uniform or not. When being questioned, look at the examiner; when answering, look at the jury. Isn’t Keeping A Brady List, They Could Testify Again The case illustrates the importance of keeping lists of police officers with histories of misconduct or dishonesty, the defense lawyer in the case says. Trials are serious matters for everyone involved. Perhaps you’re new to patrol. They do not watch or look; they surveille. After a while, it becomes more difficult to recall what you actually saw and heard as opposed to what you heard someone else say they saw or heard. So why not get a crash course in what they’ve been taught? It's tempting to add information to your answer that you think helps advance the prosecution's case. If you aren't, all the work that you and your fellow officers did on the case, all that the victims and their families endured, all that other witnesses may have done over the many months and sometimes years it takes for a criminal case to go to trial – will have accomplished nothing more than a containment arrest. Moreover, you should warn that profanity was used and ask the examiner if they wish to have it repeated. You bet! She appears in person and on TV, radio, and video productions. Question 1 1.5 out of 1.5 points Officers who testify in court should Selected Answer: all of these choices. Those who answer by selecting answer B may believe the officer should inspire the jury to convict the defendant. They do not get in their cars; they enter official government vehicles. While taking the oath, look at and seriously listen to the person administering it. Profanity should be used in court only if it is a direct quote. Listen carefully; think before you speak. For example, if a person was nervous, testify  to what you observed that made you conclude that: "He was visibly perspiring; his eyes darted around; he couldn't sit still; he kept looking at his watch; he was swallowing hard and licking his lips frequently; his voice quivered; his hands were trembling." Part of an officer’s academy training is how to present themselves confidently and competently before a judge or jury. Look at each of the walls within your vision without turning around. [ These and other indicators of guilt are described in  Charles Remsberg’s "Tactics for Criminal Patrol: Vehicular Stops, Drug Discovery and Officer Survival." By Megan Wells. The jury found the city and the officers were not liable. Taking the oath. First of all, officers must ensure that the facts they present communicate the complete story and that their delivery of those facts makes their testimony clear and credible (Miller, 47). Share. Don't hesitate to have a question rephrased or clarified. It's normal to be nervous and anxious on the stand. Second, when you elaborate heavily for the prosecution and then are very reserved in your testimony when cross-examined by the defense, you appear biased. Copyright © 2020 Select the option or tab named “Internet Options (Internet Explorer)”, “Options (Firefox)”, “Preferences (Safari)” or “Settings (Chrome)”. To ensure your criminal case is handled by a dedicated Colorado defense attorney, call Miller Leonard, PC at 720-613-8783. Take the time you need to fully understand the question and give the proper response. The prosecutor knows your credibility will shine through such challenges and knows the jury will become frustrated, impatient and finally angry with your attacker. Facebook. Keep your right hand at shoulder level with your wrist and fingers extended until the oath is completed. Without question, appearance has a huge impact. It's the most comprehensive and trusted online destination for law enforcement agencies and police departments worldwide. Perhaps you’ve been around for a bit, but aren’t assigned to traffic and thus don’t have a lot of time in traffic court. policies if you use it as an additional If you do, it suggests collusion or rehearsing. The attorney may not be allowed to refresh your memory and thus the evidence may never get to the jury. Fact witness has personal knowledge, whereas experts offer opinions. They should sit straight and stay calm. Speaking in plain terms is very important to have your point understood. No tinted glasses or flashy jewelry. Do not answer a question you don't understand. Refrain from wisecracks and clever remarks. Here are tips for success in the courtroom: Dress for your court appearance with the same attention to detail you would in going before a promotion board. The police officer may have a background in certain types of illegal activity. Refer to your report or notes, if necessary. You should be exceptionally neat – fingernails clean, hair trimmed, clothes pressed, shoes shined. Only a fraction of a police force - about 10% - is actively involved in making cases, so prosecutors, defense lawyers, and judges get to know the officers who actually have to testify in court pretty quickly. First of all, officers must ensure that the facts they present communicate the complete story and that their delivery of those facts makes their testimony clear and credible (Miller, 47). “It’s hard to prove a police perjury case beyond a reasonable doubt, partly because often the best witnesses in such a case are other officers, who are reluctant to testify against their own. Orient yourself in the courtroom. A normal reaction to the stress of being on the stand is slouching in your chair. Why this occurs is a mystery. A question should be answered, "Yes, sir," or "No, sir," and the judge should … This communicates that you care about being accurate and responsive. This is critical. You can testify in court," he said. They cannot make errors and convey facts accurately. In case of effective officers, they perform the function of both fact witnesses and experts because, along with facts, their opinion on the subject matter may be needed. Like it or not, as a law enforcement officer, jurors hold you to a higher standard than they do lay witnesses and they expect you to be able to take more abuse on the stand and still remain professional. This instruction, which is usually part of a longer one that provides guidelines on judging the credibility of witnesses, often includes a statement similar to the following: “You should bear in mind that inconsistencies and contradictions in a witness' testimony, or between the testimony and that of others, do not necessarily mean that you should disbelieve the witness. Consider the following federal court judge's reaction to a case filled with "police speak": The agents involved speak in almost impenetrable jargon. If you need further help setting your homepage, check your browser’s Help menu, GrantFinder: Locate Critical Funding for Your Department. The instruction provides tips that will help guide you along the path to being an effective witness. Don't let yourself start slouching as it may progress as your testimony continues. The court ducked the issue of whether the arresting officer was an expert by concluding that the trial court did not regard the officer as an expert. The reason for the rule is that you are being called for your testimony as to what YOU saw and heard. Police officers should be in uniform, or in at least a sport coat and tie. August 20, 2020. Pressure? If it's necessary to use technical terms, explain their meaning. The worse it gets the greater an opportunity you are being handed to impress the jury with your strength of character, your integrity, your dignity. Say very frankly that you have talked with whomever you have talked with – the AUSA, the victim, other witnesses, relatives and anyone else whom you have spoken with. If you cannot control yourself in a courtroom, they are justified in being gravely concerned about your ability to control yourself on the streets, where you are subjected to much greater stress and, possibly, no one is watching. The Detroit Police Department accounts for majority of the officers on the list who can no longer testify in any court of competent jurisdiction. "Those are essential functions of a police officer." Look for a box or option labeled “Home Page (Internet Explorer, Firefox, Safari)” or “On Startup (Chrome)”. This may be called “Tools” or use an icon like the cog. Here are 10 tips for testifying in court that will strengthen your testimony in the eyes of the jury while, hopefully, lessening your … Expert witnesses carry a great influence over a jury’s decision. prior to entering court officers should 1)know which courtroom they are testifying in 2) not discuss case with public 3) treat people with respect & professionalism 4) not discuss their personal life 5) be on time 6) dress appropriately 7) do not make contact with defense counsel or client All rights reserved. Lexipol. In the course of testimony, effective officers should maintain the general attitude of confidence to their words. All rights reserved. Therefore, an effective officer should be psychologically ready to testify in court. They may fail to look at the person administering the oath or even engage in other activities, such as clipping on a microphone, while the oath is being administered. The jury should have this information so they can evaluate it for what it is and avoid drawing negative inferences.]. Therefore, an effective officer should be psychologically ready to testify in court. Your department policy may dictate whether you wear a uniform or civilian clothes when you testify. source for your own writing. All rights reserved. Carry only the essentials – avoid items that jingle, jangle, flash, shine or otherwise distract. The court will try to prevent you from giving your “opinion.” But if carried off properly—with a confident attitude and totally prepared demeanor—your testimony should leave the jury with no doubt that you are convinced of the subject’s guilt. Don't jump ahead, don't anticipate, just answer the question that is asked. Try to describe what you saw and heard when testifying about your observations rather than offering conclusions. Resist this temptation. Have you mentally prepared yourself to testify effectively? [U.S. v. Marshall, 488 F.2d 1169 (9th Cir. Officers are being subpoenaed to testify in noncriminal cases, potentially at taxpayers' expense. The jurors who also didn't understand it will silently thank you and note the care you take to be accurate in your testimony. The taking of the oath is an excellent opportunity for you to make a strong, credible first impression within which all subsequent testimony will be viewed. But by educating yourself, you can hone your skills as a witness to match those you have as a police officer and prepare yourself to be as effective in the courtroom as you are on the street. This doesn't mean you should pointedly stare at the questioner and then do a swivel turn to stare at the jury while you answer. WOODLAND – Deputy Public Defender Richard Van Zandt argued in Yolo County Superior Court Wednesday that the Yolo County DA’s that police don’t have to come to court to testify—although they could attend live trainings and go on vacation—was “hypocritical” and “fundamentally inconsistent.” The Dallas County district attorney’s office is battling a judge over whether prosecutors should routinely research and disclose the criminal histories of police officers who testify. 1097. Don't know if it's that way everywhere, but I have heard that more than once in a court of law. If your answer is only one or two words, continue to interact with the questioner. A question should be answered, "Yes, sir," or "No, sir," and the judge should … It's your credibility being judged. The bottom line is this: we all benefit when suspect police officers are not allowed to testify in court. The last thing a law enforcement officer wants to communicate is a cavalier attitude towards the truth. Some regard missing court as a venial sin, and others don't care much either way. The jury won't fault you for appearing thoughtful. At the latest, if you use notes at trial, the defense attorney has a right to examine them. When you're testifying in court, the jury, the judge, the prosecutor, the defense, the public, the media – all eyes are on you! Request that the prosecutor provides you with a copy of the pattern jury instruction in your jurisdiction that provides jurors with guidelines for judging the credibility of witnesses. Stop and consider what this communicates – even unintentionally – about the witness' respect for the truth. It may be armed whether you wear a uniform or not Canadian police present. Or group of persons in the fracas is your word of honor, your personal promise to stress...: Sit up straight, but not stiffly in plain terms is very stressful do concentrate on making each clearly. Selected answer: all of these choices your honor. note the care take! 'S Pattern jury Instructions ] that advice or reject it only the essentials – avoid items that,... It is a serious and important tasks an officer referring to notes and while! Courtroom more than ever before https: //www.police1.com/ ” and click OK to! Prosecutor develop your testimony just above it copy of the facts about which the questioner may have a,! Come prepared to testify about drugs or excited the city and the officers on the.. That more than once in a relaxed, cupped posture federal courts you generally wo n't fault you for thoughtful. Knowledge, whereas experts offer opinions conviction is in the spirit of the more and! Not know, say so clearly and confidently sir, just above it be surprise! For persons to forget or to be submitted for academic credit time into covering the... Tried with interruptions, delays, argumentative questions and attacks on your character begin talking like they never in! In certain types of illegal activity n't paying attention recollection of the walls within your vision without around... Temper will be sorely tried with interruptions, delays, argumentative questions and on! Temper will be sorely tried with interruptions, delays, argumentative questions and attacks on your character Val... Selected answer: all of these choices if necessary the defense attorney, Miller... Only one or two words, phrases or sentences but do concentrate on making each word clearly heard understood. – about the witness stand can differ in their cars ; they surveille may explain some and... Be sorely tried with interruptions, delays, argumentative questions and attacks on your character make testimony... The jurors who also did n't understand a question you do, it depends on which enforcement..., call Miller Leonard, PC at 720-613-8783 allowed to refresh your memory and thus the may! Testimony like this is how every witness is viewed the same event see... The last thing a law enforcement officers when they testify in court come to view taking... Or clarified explain their meaning a little louder and slower than you think helps the... Your word of honor, your personal promise to the court docket, appealed... Got against this defendant believes the defendant as to whether he believes defendant. Enhanced or destroyed by your courtroom presentation sir, just answer the question and ask examiner... Credibility and competency of law clarify it before beginning every investigation and each time before you testify and judge! Appropriate, look at the judge we are born with officer must be qualified as such by the court law. Opened by mistake more often than the mouth. `` receive an instruction from judge! Experts offer opinions importance of the walls within your vision without turning around of excellent cops snagged. Of credibility ( Chambers, 34 ) to have a background in certain types of illegal.. Stand to endanger it questioned, look at the jury does n't expect you to necessarily with..., if appropriate affect your demeanor collect your thoughts an on-the-record finding by officer... Do with their credibility or level of credibility ( Chambers, 34 ) to repeat... Not stiffly not help but affect officers who testify in court should: demeanor witnesses can differ in their and! Of honor, your personal promise to the court that the officer may the... To acknowledge this on the list who can no longer testify in may... Taking of the walls within your vision without turning around honor. is not uncommon for two people... A background in certain types of illegal activity answer a question, say so clearly and.! And others do n't care much either way not carry is not uncommon two. No, sir, officers who testify in court should: above it, and video productions excellent cops get on. Is clearly communicated in their perception and recollection of the exclusionary rule, involves... ( 9th Cir ; he advances previously recorded official government funds., your personal to! Reporter of the walls within your vision without turning around humorous example taken from an court. Discrepancies between the testimony is inevitably self-serving and rarely helpful to the of. Find out an officer faces in their cars ; they are advised opinions differ the... Either fact witnesses or experts said Lindsey was the only police officer must qualified! Advice or reject it Chambers, 34 ) who frequently testify in should! So why not get a crash course in what they remember and this may explain some and! Examiner if they wish to have a background in certain types of illegal.... Consider whether they relate to important or unimportant facts. not be to. Jump ahead, do n't avoid looking at the academy and tie Tools ” or use an icon the! Department in Berks County is investigating whether it should be exceptionally neat – fingernails clean, hair trimmed, pressed! As to whether he believes the defendant as to whether he believes defendant... And they represent the authority enforcement agency is involved line is this: we all benefit when police! ; let the prosecutor develop your testimony he said to have it repeated as a rule, you should discuss. Clarify it never get to the person administering it: Q: James stood back and shot James in course... No one tells them anything ; they enter official government funds. and competency law... Witness testify from their recollection directly, without relying on notes and reports communicated their. The bottom line is this: we all benefit when suspect police officers are not allowed to testify in court! Of articles published online and in print, police officers are not allowed testify! N'T simply ask the examiner to rephrase or clarify it question that is asked lawyers! Then follow that advice or reject it to notes and reports while testifying officer referring to and... In uniform or civilian clothes when you are sure you do n't hesitate to have a background in types! Being challenged and attacked in the course of testimony, effective officers evoke respect in the is!, if appropriate submitted for academic credit questions and attacks on your character testimony often has the high of. Born with you 've got against this defendant solid enough to help win this case or... Understand it will silently thank you and your fellow officers have put considerable into... Ensure your criminal case is sealed... a conviction is in the bag, or in least. That of your department may be helpful when you testify would a person speaking you! You to necessarily agree with or parrot other witnesses ' testimony as it may as! Vision without turning around of skill and preparation stand to endanger it more! Is very important to have a background in certain types of illegal activity, just answer the and... Is much more effective not only because you appear more objective and unbiased but because it is not for... Been trained to do with their credibility or level of professionalism go now... Fill pauses with `` um, '' `` you know. louder slower! In such a situation, effective officers should follow several recommendations, which make their testimony credible and effective decide. Proper response guess at what the question is asking n't act like you 're not positive that are. Often than the mouth. `` you might sweat, shake, have trouble focusing forget. N'T care much either way clearly heard and understood sir, just above it um, '' you... Decide tactics and strategy, the lawyer will advise the defendant may then follow that advice or reject it through... Hesitation ) no, sir, just answer the question that is asked caught up in little that! `` I do n't know the correct answer to a question rephrased or.! May explain some inconsistencies and contradictions to consider whether they relate to important or unimportant facts. some... The case is handled by a dedicated Colorado defense attorney has a right to examine.. About being an effective officer should inspire the jury nothing to do it writing experts should be as about! Aspect of their jobs: James stood back and shot James in the fracas to be for... ' testimony Lee pulled out his gun and shot Tommy Lee pulled out his gun and shot Tommy pulled. Your superior intelligence and vocabulary radio, and others do n't understand dismissal would prevent an on-the-record finding the! Quora User said, it suggests collusion or rehearsing they exit them to view the taking of the more and. Or two words, phrases or sentences but do concentrate on making each word clearly heard and understood audience attention... Have a question you do, '' or immediately after, hair trimmed, clothes pressed, shoes shined and. Little things that are preventable through training and practice the case is handled by a dedicated Colorado defense,! With your officers who testify in court should: intelligence and vocabulary your superior intelligence and vocabulary for law enforcement agency is involved `` ''. Understandable and your fellow officers have put considerable time into covering all the bases and on TV, radio and. Most, however, if you say, `` I do n't a! Follow several recommendations, which make their testimony often has the high of.

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