Criminal Justice Paper due on How to testify effectively
trhouston1
how_to_testify_effectively.pptxHow to testify Effectively Chapter 15
By: Tiffany Houston
May 7, 2016
Objectives
Name the different methods used to notify a law enforcement professional to appear in court
Describe the appropriate clothing for law enforcement professionals to wear in court
Identify those people to whom the law enforcement professional should not speak to during recesses
Explain what a law enforcement professional should do while testifying with respect to objections
State what a law enforcement professional should do when he or she does not remember the answer to a question asked
Explain what a law enforcement professional should do when asked an argumentative question on cross-examination that the defense attorney insists should be answered yes or no.
The law enforcement professional Role
Law Enforcement plays a important role in the prosecution process:
Interview witnesses,
preserve the crime scene,
collect physical evidence,
Due to the level of interaction Law Enforcement plays, they also will be requested to appear in court to testify. Like any witness, they also maybe reluctant in the testimonial process.
The key to testifying is simple: Testify truthfully.
Notification to appear
Notification to appear:
Supoena- A court order demanding the presence of the person in court as a witness
On-call- A direction in a subpoena that states the law enforcement official is not needed to appear personally in court unless called by the prosecutor. This requires that the law enforcement official remains nearby and readily available for a court appearance.
Phone call- The prosecutor may merely just call the law enforcement official advising him or her that their presence in needed in court as a witness.
What to do before the trial
A. The law enforcement official must provide all information to the prosecutor, even if it is a weakness or problem with the case: Search warrant, arrest, collection and analysis of evidence, interrogation of the defendant.
The law enforcement official must refamiliarize themselves with the facts of the case, and speak with prosecution what they are expected to testify about. In return, discuss the case with the superior officer and partner to get a second eye on how to present the facts and physical evidence.
If an expert professional is testifying, they must be qualified expert, ensure they have all evidence available for court, and prepare it for proper presentation.
What to wear in Court
Wear to court what you wear to work is how most law enforcement official think. (shined shoes, clean and pressed uniform, no bulge from pencils notebooks, or anything that can distract the testimony.)
If a uniform it not worn, business attire is the Norm for court. (solid-color dress shirt, modest tie, with a matching coat jakect, business suit conservative blouse and dress slacks or skirt.)
Some who are off duty uniformed officers will wear business attire-only if they are traveling to court in their personal vehicles.
Prosecution prefer for even uniformed officers to wear business attire.
DO NOT WEAR WEAPONS OR HATS. (i.e. baton or nightstick, pepper spray, tasers)
Where to Appear and what to do
Witnesses receive notice on when and wear to appear in court. When a witness reports on the designated date and time, they must be in the assigned courtroom and wait for further instructions. Due to the Rule on Witnesses, which requires all witnesses to be pulled out of the court room, the law enforcement official will also leave the court room if testifying.
If the witness is requested to reappear in court, the judge will excuse them and request their appearance at another date and time.
If the Witness is told to come after the court proceeding has started, they can contact the prosecution through the bailiff or court clerk.
Conduct before and during court
When the rule of witnesses is not used, law enforcement officials have the opportunity to gain important insights into how or how not to testify effectively. Observe the prosecutions direct examination, demeanor of the judge, and defense cross examination.
Waiting outside of court for the witness should be precautious about what they do or say. Avoid conversation with the Defense attorney, defendant or their witnesses.
No Contact with the Jury.
Carrying on conversation and passing notes amongst witnesses should be avoided.
Showing emotions should also be avoided. Display a neutral position in the case.
When called to the stand never walk in “the well”
The well is the area in he courtroom between the judge bench and the counsel tables that is off limits without the judge’s permission.
On the Witness stand
Avoid slouching or slumping in the seat
Avoid fidgeting behavior
Avoid robot-like mannerism
Speak clear and into the microphone, without jargon, vulgarity, and profanity.
Do not show prejudice toward the defendant. When addressing the defendant look toward the defense table where he or she is sitting. Identify the defendant and what he or she is wearing.
Answer all question direct. Even the simple question in reference to the law enforcement officials background. If a question is objected and sustained, that question will not be answered. If it is over ruled the official will answer the question. If the official forgets a portion of the situation be honest about them not remembering.
After testifying
The law enforcement official should make sure he or she is excused before leaving the courtroom.
Review Case after Verdict
If there is an acquittal, the official should not take it personally.
It there was a mistake made in their testimony, they should take that in consideration by correcting that mistake for future cases and assist others in not making the same mistake.
Even if there is a conviction, there should still be a review of the case to improve investigatios and courtroom techniques,
