1 / 25

From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony

From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony. The Subpoena. What Does This Mean?. A case has been set for trial or motions The person listed on the subpoena is required to appear before the court on the date and time specified. What Is Expected?.

vida
Download Presentation

From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  2. The Subpoena Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  3. What Does This Mean? • A case has been set for trial or motions • The person listed on the subpoena is required to appear before the court on the date and time specified Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  4. What Is Expected? • That you are present in court on the specified date • You are not released from your duties under the subpoena until the final outcome of the case or the case is rescheduled • If your trial gets rolled day to day, you are still responsible for coming to court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  5. What will happen if I Do Not Show Up for Court? • The court can issue a fine • The court can “attach” you to the case • Attachment: The judge will order a police officer to bring the witness before the court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  6. What Do I Do Now? • Obtain a copy of your report • Read over your report to refresh your memory on this particular case • Contact the Assistant District Attorney (ADA) handling the case to let them know that you have received the subpoena • Let the ADA know if you have any conflicts with the trial date Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  7. Prior Preparation Prevents Poor Performance • Read and re-read your offense report • Bring a clean copy of the entire report with you to court • Meet with the prosecutor • Determine the issues • Go over questions that you may be asked • Discuss exhibits and how they will be entered into evidence • Inform the prosecutor of any other facts that may not be in the report Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  8. Courtroom Proceedings The Trial Lottery Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  9. Courtroom Proceedings Tee It Up Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  10. Courtroom Proceedings Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  11. Courtroom Proceedings • Jury Selection • Voir Dire • Each side makes strikes • Jury is seated • Prosecutor makes opening statement • Defense attorney makes or reserves his/her opening statement until their case starts • Prosecutor presents his/her case – Calls witnesses and presents evidence • Prosecutor Direct Examination • Defense Cross Examination • Prosecutor Re-Direct • Defense Re-Cross Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  12. Courtroom Proceedings • State Rests • Defense attorney may make a motion for a directed verdict • Defense may or may not put on a case • Prosecutor makes a closing argument • Defense counsel makes a closing argument • Prosecutor gets the last word • Judge instructs the jury as to the law • Jury Deliberates • Verdict • Punishment Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  13. The Rule • Rule 614 of the Texas Rules of Evidence • At the request of the prosecutor, the defense attorney, or the court itself, the judge can order witnesses to remain outside of the courtroom unless they are testifying • Witnesses may not discuss their testimony with other witnesses Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  14. The Waiting Game Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  15. Appearance in Court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  16. Taking the Stand • No Gum! • Enter the courtroom confidently • Go Directly to the witness stand • If you were not sworn in before the trial, you will be sworn in at this point • Take a seat and adjust your microphone • Relax Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  17. Testimony • Listen to the question being asked • Speak loudly and clearly so that the jury can hear you and the court reporter can take down your words • Speak your responses – remember the court reporter has to be able to write down everything that you say • Do not fidget • Do not apologize Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  18. Testimony • Give the facts • Be confident in your answers • Use words that can be understood by the jury • Paint a picture • Look at the jury whenever appropriate • Maintain your composure Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  19. Direct Examination • Purpose • Preliminary Questions: • Please introduce yourself to the jury. • What is your occupation? • How long have you been employed at your current job? • What kind of training and education did you receive before you started in this position? • What are your current job duties? • Pass the Witness Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  20. Cross Examination Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  21. Cross Examination • Think before you speak • Beware of traps • “Did you talk to the prosecutor before your testimony today?” • Understand the question fully, answer it correctly, and ensure the answer is understood by the judge and jury • Keep your emotions out of your answers • Stay cool, calm and collected • Do not shut down Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  22. Re-Direct and Re-Cross • Re-Direct • Occurs after cross examination • Used to clarify testimony given in cross examination • Not mandatory • Re-Cross • Occurs after re-direct • Used to clarify what has already been testified to • The introduction of new material is not allowed Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  23. Objections • Can be made by either side at any time during testimony • Stop talking and wait for the judge to give his/her ruling • The judge SUSTAINS the objection • Stop talking and wait for the next question • The judge OVERRULES the objection • Answer the question that was asked • You may ask for the question to be repeated Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  24. May This Witness Step Down? • Leave the witness stand with confidence • Once you have finished your testimony, you must wait outside of the courtroom unless you have been excused by the judge • The defense may call you as a witness when they put on their case • You may be needed to testify in punishment Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  25. The Animals, Citizens and Prosecutors Thank You Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

More Related