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Chapter 13 Testifying in Court. Testifying in Court. To effectively testify in court: Be prepared. Look professional. Act professionally. Attempts will be made to discredit or impeach the testimony of the security officer in court. Sequence of a Criminal Trial. Jury selection.
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Testifying in Court • To effectively testify in court: • Be prepared. • Look professional. • Act professionally. • Attempts will be made to discredit or impeach the testimony of the security officer in court.
Sequence of a Criminal Trial • Jury selection. • Opening statements by prosecution and defense. • Prosecution’s case presentation. • Defense’s case presentation. • Closing statements by prosecution and defense. • Instructions to jury. • Jury deliberation to reach verdict. • Reading of verdict. • Acquittal or passing of sentence.
Case Presentation • Direct examination: the initial questions of a witness or defendant by the lawyer who is using the person’s testimony to further his or her case. • Cross-examination: Questioning by the opposing side for the purpose of assessing the validity of the testimony.
Inadmissible Statements • Opinion (unless witness is qualified as an expert). • Hearsay. • Privileged communication. • Statements about character and reputation, including the defendant’s past criminal record.
Effective Testimony • Speak clearly, firmly and with expression. • Answer questions directly. Do not volunteer information. • Pause briefly before answering. • Refer to your notes if you do not recall exact details. • Admit calmly when you do not know an answer. • Admit any mistakes you make is testifying. • Avoid jargon, sarcasm and humor. • Tell the complete truth as you know it.
Using Notes • Refer to your notes if you are uncertain of specific facts, but do not rely on them excessively.
Nonverbal Elements in Testimony • Important nonverbal elements include: • Dress. • Eye contact. • Posture. • Gestures. • Distance. • Mannerisms. • Rate of speech. • Tone of voice.
Strategies for Testifying • Set yourself up. • Provoke the defense into giving you a chance to explain. • Be unconditional. • Do not stall.
Cross-Examination by the Defense • The defense attorney may: • Be disarmingly friendly or intimidatingly rude. • Attack your credibility and impartiality. • Attack your investigative skill. • Attempt to force contradictions or inconsistencies. • Ask leading questions or deliberately misquote you. • Ask for a simple answer to a complex question. • Use rapid-fire questioning. • Use the silent treatment.
Cross-Examination by the Defense • Avoid conclusions and nonresponsive answers. • Answer yes-or-no questions with “yes” or “no.”
Summary Questions • What is important in testifying in court? • What is the usual sequence of a criminal trial? • What is direct examination? Cross-examination? • What kinds of statements are inadmissible in court? • How can one testify most effectively?
Summary Questions • When should you use notes when testifying? • What nonverbal elements can influence courtroom testimony positively and negatively? • What strategies can make testifying in court more effective? • What defense attorney tactics should an officer anticipate?