Courtroom Courtroom TestimonyTestimony

Presented by Anna Roberts Smith

When does preparation When does preparation for court start?for court start?

When you receive the When you receive the call!!!!call!!!!

Taking the Case to CourtTaking the Case to Court Seek out the prosecutor, district attorney Seek out the prosecutor, district attorney

or county attorney.or county attorney. Find out who is handling your case.Find out who is handling your case. Make an appointment to go over the case.Make an appointment to go over the case. Find out what questions they are going to Find out what questions they are going to

ask youask you Find out what you can expect in the cross Find out what you can expect in the cross

examination.examination. Ask about the witnesses.Ask about the witnesses. Find out any problems with the case before Find out any problems with the case before

it goes to trial.it goes to trial.

Day of CourtDay of Court

Be on time!!!Be on time!!! Dress in a manor that reflects Dress in a manor that reflects

professionalismprofessionalism You should have reviewed your reports, You should have reviewed your reports,

brought all your evidence and checked brought all your evidence and checked on witnesses.on witnesses.

Identify the suspect before court begins.Identify the suspect before court begins. Be confident in your testimony.Be confident in your testimony.

Confidentiality Confidentiality

Never discuss the case with anyone you Never discuss the case with anyone you don’t know or on the phone.don’t know or on the phone.

All media interactions should be handled All media interactions should be handled by your agency’s Public Information by your agency’s Public Information Officer.Officer.

Your Actual TestimonyYour Actual Testimony Be serious about taking the oathBe serious about taking the oath Look at the attorney asking the questions Look at the attorney asking the questions

and direct answers to the judge or juryand direct answers to the judge or jury Speak loud enough that the person in the Speak loud enough that the person in the

last row of the courtroom can hear you.last row of the courtroom can hear you. Answer questions from defense the same Answer questions from defense the same

way you answer from the prosecutor, be way you answer from the prosecutor, be impartial and use the same tone and impartial and use the same tone and same facial expressions. same facial expressions.

Your Actual TestimonyYour Actual Testimony

If you make a mistake let the prosecuting If you make a mistake let the prosecuting attorney know before you leave the attorney know before you leave the courtroom.courtroom.

Take a few seconds before responding to Take a few seconds before responding to questions, to give the prosecutor time to questions, to give the prosecutor time to object.object.

If distances and measurements are part If distances and measurements are part of your testimony use the word of your testimony use the word approximate.approximate.

Your Actual TestimonyYour Actual Testimony

Use conversational language, no slang or Use conversational language, no slang or technical terms.technical terms.

Don’t become argumentative or angry.Don’t become argumentative or angry. When you step down, don’t glare at the When you step down, don’t glare at the

defendant. defendant.

Common Tactics Common Tactics During Cross-During Cross-ExaminationExamination

Rapid Fire QuestionsRapid Fire Questions

Example: One question after another Example: One question after another with little time to answer.with little time to answer.

Officers Response: Take time to Officers Response: Take time to consider the question, be deliberate consider the question, be deliberate in answering, ask to have the in answering, ask to have the question repeated, remain calm.question repeated, remain calm.

Badgering, Belligerent Badgering, Belligerent

Example: Counsel staring you right Example: Counsel staring you right in the face, shouts, “That is so isn’t in the face, shouts, “That is so isn’t it, officer?”it, officer?”

Officer Response: Stay calm, speak Officer Response: Stay calm, speak in a deliberate voice, giving in a deliberate voice, giving prosecutor time to make appropriate prosecutor time to make appropriate objections. Don’t get angry.objections. Don’t get angry.

Friendly CouncilFriendly Council

Example: Very courteous, polite, Example: Very courteous, polite, questions tend to take witness into questions tend to take witness into his confidence.his confidence.

Officer’s Response: Stay alert, bear Officer’s Response: Stay alert, bear in mind that the purpose of defense in mind that the purpose of defense is to discredit or diminish the effect is to discredit or diminish the effect of your testimonyof your testimony

Mispronouncing Officer’s Mispronouncing Officer’s NameName

Example: Officer’s name is Jansen, Example: Officer’s name is Jansen, council calls him Johnson.council calls him Johnson.

Officer’s response: Ignore the Officer’s response: Ignore the mispronouncing.mispronouncing.

Suggestive QuestionSuggestive Question

Example: Was the color of the car Example: Was the color of the car blue?blue?

Officer’s Response: Concentrate Officer’s Response: Concentrate carefully on the facts, disregard the carefully on the facts, disregard the suggestion. Answer the question.suggestion. Answer the question.

Demanding a Yes or No Demanding a Yes or No AnswerAnswer

Example: Did you strike the Example: Did you strike the defendant?defendant?

Officer’s Response: Explain the Officer’s Response: Explain the answer to the question, if stopped by answer to the question, if stopped by council demanding a yes or no council demanding a yes or no answer , pause until the court answer , pause until the court instructs you answer in your own instructs you answer in your own words.words.

Reversing Witnesses Reversing Witnesses WordsWords

Example: Witness answers, “The incident Example: Witness answers, “The incident occurred 27 feet from the intersection.” occurred 27 feet from the intersection.” Council says, “You say the incident Council says, “You say the incident occurred 72 feet from the intersection?”occurred 72 feet from the intersection?”

Officers Response: Listen carefully Officers Response: Listen carefully whenever counsel repeats something whenever counsel repeats something you have said. If they make an error, you have said. If they make an error, correct them.correct them.

Repetitious QuestionsRepetitious Questions

Example: The same question asked Example: The same question asked several times slightly different.several times slightly different.

Officers Response: Answer the same Officers Response: Answer the same question twice, when council asks asks question twice, when council asks asks the third time, don’t say anything and the third time, don’t say anything and look to the Judge for assistance. The look to the Judge for assistance. The prosecutor should object after you’ve prosecutor should object after you’ve answered twice.answered twice.

Conflicting AnswersConflicting Answers

Example: But Officer Smith, Officer Example: But Officer Smith, Officer Brown just said ________Brown just said ________

Officers Response: Remain calm, Officers Response: Remain calm, conflicting statements have a tendancy to conflicting statements have a tendancy to make a witness extremely nervous. Be make a witness extremely nervous. Be guarded in your answers on guarded in your answers on measurements, times, etc. unless you measurements, times, etc. unless you have exact knowledge. Use the word have exact knowledge. Use the word approximately. approximately.

StaringStaring

Example: After the witness has Example: After the witness has answered, council just stares as though answered, council just stares as though there were more to come.there were more to come.

Officers Response: Wait for the next Officers Response: Wait for the next question.question.

15 Ways to Lose Your 15 Ways to Lose Your CaseCase

Walking into court looking like a bum.Walking into court looking like a bum. If your case has a weak point and you If your case has a weak point and you

don’t share that with the prosecutor.don’t share that with the prosecutor. If the defendant pleads not guilty and you If the defendant pleads not guilty and you

take that personally.take that personally. If you become angry when opposing If you become angry when opposing

council questions you.council questions you.

15 Ways to Lose Your 15 Ways to Lose Your CaseCase

If you don’t worry about the facts.If you don’t worry about the facts. If you guess about the factsIf you guess about the facts If you don’t make notes at the time of the If you don’t make notes at the time of the

investigationinvestigation If you review your notes during the trialIf you review your notes during the trial If you appear to be cocky.If you appear to be cocky. If you act as though your job depends on If you act as though your job depends on

a conviction.a conviction.

13 Ways to Lose Your 13 Ways to Lose Your CaseCase

If you ignore the law of search and If you ignore the law of search and seizure.seizure.

If you tell more than the question calls If you tell more than the question calls for.for.

If you argue with the judge or opposing If you argue with the judge or opposing council.council.