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Courtroom Demeanor and Testimony

Courtroom Demeanor and Testimony. Introduction . Captain Melinda Allen Gwinnett County Sheriff’s Department 770-619-6405. Instructional Goal:.

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Courtroom Demeanor and Testimony

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  1. Courtroom Demeanor and Testimony

  2. Introduction Captain Melinda Allen Gwinnett County Sheriff’s Department 770-619-6405

  3. Instructional Goal: • The instructional goal for Courtroom Demeanor and Testimony is to provide the student with an understanding of terminology, pre-trial responsibilities, and effective techniques for providing testimony.

  4. Training Objectives: • Identify the characteristics of effective courtroom demeanor and testimony. • Identify effective tactics for responding to questioning during direct and cross examination. • Identify effective procedures for ensuring that evidence is properly collected, preserved, and presented in a criminal proceeding. • Identify a peace officer's pretrial responsibilities.

  5. Courtroom Layout or Scene

  6. Normal Sequence • Clerk calls the next case • Judge ask DA and Attorney if they are ready to proceed • Clerk will swear in the jury panel • Jury Panel subject to voir dire examination • Prosecutor and Defense attorney strike the jury (selecting the jury) • Swear in the jury

  7. Normal Sequence Continued • Invoke “the rule”- clears the courtroom • Prosecutor- Opening statement • Defense- Opening Statement • State presents case • Judge rules on motions and objections • Defense attorney moves for directed verdict or acquittal

  8. Normal Sequence Continued • Defense proceeds with evidence to support “Not Guilty” plea • Defense and Prosecution make summations • Judge excuses the alternate jurors and instructs the jurors on the applicable laws • Jury retires to elect a spokesman and to discuss the verdict

  9. Normal Sequence Continued • Judge receives verdict from foreman • Verdict read aloud • Defense Attorney- motion for court to judge for acquittal • Judge may sentence or postpone the sentencing

  10. Courtroom Demeanor

  11. What not to do….

  12. Stress • With careful preparation, law enforcement officers may find that testifying in court does not have to be a stressful consequence of their job.

  13. Fact Witness • Has personal knowledge of events pertaining to the case • Can only testify to things he personally observed

  14. Fact Witness • Can’t offer opinions

  15. Expert Witness • Offer opinions that may assist the judge or jury in understanding technical knowledge • Generally allowed more leeway than a fact witness • Court evaluates the content of their testimony for admissibility

  16. Police Officer • Straddle • Fact or Expert Witness? • May state the facts, may offer opinion-can be challenged • Judge decides to admit or not

  17. Courtroom Testimony Part I

  18. Courtroom Testimony Part II

  19. Sample Testimony Attorney: Officer Jackson, can you tell us how you first approached the defendant while undercover? Officer: Well, actually, he first approached me.

  20. Attorney: What do you mean? Officer: I was undercover as a local high school student, and the defendant came over and asked me if I “needed directions.” Attorney: And what did you answer?

  21. Officer: That I was “going uptown.” Attorney: Can you explain to this court what that conversation means? Officer: Well, in that neighborhood, “needing directions” means that you want to buy drugs and “uptown” is coke or

  22. Sometimes crystal meth- some kind of stimulant drug. Attorney: But, at no time did the defendant actually ask you if you, quote, “wanted to buy drugs”, did he? Officer: Not in those words

  23. Attorney: So, you don’t know for sure if he really intended to sell you drugs or was just trying to help out. Officer: Of course I knew. That’s the language they use. Attorney: Officer Jackson, are you an expert in linguistics?

  24. Officer: No, but I’m an expert on that neighborhood- I’ve worked undercover there for 5 years.

  25. Testimony Preparation • Record keeping • Well organized • Standardized • Readable for style • May draw pictures/sketch, include photographs

  26. Pre-Trial Responsibilities • Notebook • Good Reports- if it isn’t in the report, it didn’t happen!

  27. Preparation Checklist • Obtain Original Report • Schedule a Preliminary Meeting with the Prosecuting Attorney • Re-Read your Report • Review photos, tapes and statements

  28. Preparation continued… • Examine Physical Evidence • Revisit the scene • Make aids • Prepare technical data • Take best evidence to Court

  29. Testimony Preparation • Review cases several times • Meet with prosecutor to review case testimony • Mentally rehearse

  30. On the Stand • Attitude of Confidence • Not cockiness • Maintain Composure and dignity • Body Language • Sit up straight • Close enough to use the microphone • Keep materials organized neatly in front of you • Look at attorney that is questioning you. Respond to the jury • Establish a connection with the jury

  31. On the Stand • Remain open & friendly • Speak clearly, slowly and concisely • Keep sentences short and to the point • Maintain a steady voice tone • Listen to each question before responding • If you do not understand ask the attorney to rephrase

  32. On the Stand If you do not know the answer to a question say, “I do not know.” Do not preface responses with “I believe or I estimate” Use “As far as I know, or I’m pretty sure that…”

  33. Checklist for Testifying in Court • Understand the different types of witnesses and testimonies • Prepare effectively by reviewing the case several times • Display appropriate verbal and nonverbal skills • Be honest, clear, and concise in all responses • Maintain dignity and decorum

  34. Officer as Defendant (Civil or Criminal case) Testimony should shade slightly more to deferential and humble side

  35. Role of Judge • Assure Defendant is afforded due process • Interpret provisions of the law • Pronounce the sentence

  36. Funnel of Admissibility

  37. Role of Jury • Determine Guilt or Innocence of the defendant

  38. Understanding the Jury Role • Presumption of Innocence • Reasonable Doubt • Elements of the Offense • Circumstantial Evidence • Testimony of Experts • Other Witnesses • Prior Convictions • Failure to Testify • Unanimous Verdict

  39. Introduction to Courtroom Demeanor • Witness Examination Procedure; Prosecution's Case • Direct examination • Cross-examination • Re-direct examination • Re-cross-examination

  40. Professional Courtroom Appearance and Demeanor • The precautions taken at a crime scene, the handling of evidence, interviews, and detailed case preparation culminate in the trial • The manner in which a witness testifies is one of the criteria used to evaluate the weight as evidence to be given that witness' testimony • Individual agency policy will generally dictate the mode of dress to be worn by officers while testifying in court • Preparing for Courtroom Testimony • Discuss the testimony with the prosecutor • Be present for court on time • Assist the prosecutor • Immediately advise the prosecutor of any subpoenas received from the defense • Write detailed police reports

  41. How to Testify • Present testimony in a candid and sincere manner • Testify in a professional manner • Dress appropriately • Display good demeanor • take oath in a dignified manner • be yourself • remain calm • refrain from making signs or shaking head

  42. Officer's speech • speech should convey competence • speak in a manner so that you can be clearly heard • use a natural speaking tone • make the meaning clear • avoid language faults • Display proper attitude and behavior • be respectful • address answers to the person asking the question

  43. Officer's responses to questions • When questioned by the defense attorney, pause to allow time for prosecutor to object • Response must be comprehensive but specific and objective • Be attentive • Don't answer a question you do not understand • If you do not understand ask the person to repeat or clarify • Answer double questions with two separate answers • Do not testify to hypothetical questions

  44. How to properly answer questions • Be direct • Be objective • Be brief • Do not report hearsay • Be cautious of "yes" or "no" answers • Use names not "he" or "she" • Answer completely; be explicit • Keep within limits of what you really know • Don't be afraid to say "I don't know" • Say "I don't remember" when you're not positive • Qualify or limit answers when necessary

  45. Dealing with Attorneys

  46. Prosecution • Cooperate with the prosecuting attorney • Address your responses correctly • Take time to formulate your answer • Allow time for objections • Don't volunteer information

  47. Defense Attorney • Treat both attorneys the same • Do not allow yourself to become irritated or angered • Don't allow yourself to be led into an argument with the defense attorney • Don't be misled or trapped • Don't try and be clever or funny • Don't be timid

  48. Precision and accuracy of officer's testimony • Know your facts • Review your testimony before court • Review facts with the prosecutor • Don't discuss your testimony with witnesses who have preceded you

  49. How to improve your testimony on the stand • Don't lie • Don't exaggerate • Don't guess • Qualify "yes" or "no" answers • Select descriptive terms • Give testimony of the substance of a conversation

  50. How to improve the accuracy of your testimony • Refer to your notes • Use evidence

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