Preparing For Court:

Introduction

 Successful trial performance is directly related to

successful case preparation.
 The proper point and time to begin preparation for
trial is upon receipt of the initial call for service.
 Handle every call as though it will go to trial.
 On-Scene Preparation

 Conduct sound preliminary investigation.

 Protect the scene and physical evidence.
 Note spontaneous statements.
 Take statements from witnesses.
 Witnesses

 Witnesses are the keys to successful investigation.

 The reality of police effectiveness is simple:
 ―The police solve crimes when someone tells them a
crime has been committed and someone tells them
who did it.‖
 Witness Preparation

 Preparing a witness for court begins at the scene.

 Police officer professional conduct and courtesy help
to allay witness fears.
 Fear of angering others.
 Fear of being targeted by the suspect.
 Fear of lengthy, and potentially costly, involvement with legal
processes.
 Station Preparation

 Station procedures are a continuation of

actions started at the crime scene.
 Physical evidence should be carefully marked
and processed.
 While officer‘s memory is fresh, notes should
be carefully reviewed and completed in a neat
and orderly manner.
 Final witness interviews should be completed.
 Witness Interviews at Station

 Witnesses should be interviewed in a

thorough and timely manner.
 Once more, professionalism and courtesy
coupled with consideration for witness fears
and convenience, should be of primary
importance.
 Remember, witnesses will be asked to testify
in court. Their willingness to do so is often
related to their assessment of the investigating
officer.
 Prior to Trial

 Officers should refresh their memory by

reviewing their notes.
 Officers should meet with the prosecutor to
discuss the case and organize its presentation.
 Officers should verify identification of the
physical evidence and ensure its availability for
court.
 Witnesses Preparation

 Witnesses should also be advised that the court

date is growing near. They have the same need
to refresh their memory by reviewing their
statements.
 Witnesses should be advised of appropriate
courtroom attire and demeanor.
 The officer should take this opportunity to
encourage the witness.
 Factors of Encouragement

 Demonstrate appreciation for his/her

willingness to testify.
 Demonstrate Understanding for the individual‘s
growing nervousness.
 Explain how the court process will work.
 Emphasize the need for the witness to be
truthful and honest in the presentation of
testimony.
 Courtroom Preparation

 When possible, officers should escort

witnesses to court or, at least, meet them in
front of the courthouse.
 Officers should sit with the witnesses in
witness rooms and engage in casual
conversation.
 Remember that witnesses are nervous. A
calm demeanor and quiet encouragement
will help alleviate witness fear.
 Courtroom Attire

 Police and witnesses should conform to the basic

rules of good courtroom demeanor.
 Be on time.
 Dress conservatively in business attire.
 Be neatly groomed.
Responding to Attorney Questions

 The witness should maintain good posture on

the witness stand.
 Respond to all questions honestly and with
courtesy.
 Responses should be directed at the person
asking the questions.
 All answers should be concise and to the point.
The Witness/Attorney Relationship

 All answers must be truthful. If the

witness is uncertain of the answer or does
not know the answer, that should be
stated. If the witness is confused by the
question ask for it to be restated.
 Witnesses must never engage in a battle
of wits with attorneys.
 Witnesses must remain calm and poised
while giving testimony.
 Causes of Witness Failure

 Poor attitude
 Arrogance or hostility
 Poor preparation
 Poor appearance
 Convey poor image to judge and/or jury.
 Bell Ringer:

 Would you like to have a job in the law

field? Why or why not.
 Rules and Laws

 Rules and laws are formally recognized customs and practice binding
upon a group of people.
 These rules and laws are established to control the way the groups of
people act.
 Exist everywhere!
 The world without rules and laws would be a confusing place. People
would act as they pleased, only looking out for themselves. Crime and
violence as we know it would be common because no rules or laws
would exist making those actions crimes.
 We have trials in order to allow the people, represented by an attorney,
and the person accused of breaking the law, the defendant, to present
evidence to a judge or jury.
 Rules and Laws

 As you observe a trial in progress, you will see the

following people:
 Judge
 Plaintiff
 Plaintiff‘s attorney
 Defendant
 Defendant‘s attorney
 Court reporter
 Court clerk
 Deputy sheriff
 Witnesses
 Jurors, if the trials is jury trial
 Who‘s Who in the Courtroom

 Judge
 A public officer appointed to preside over the court and administer the
law. In a jury trial, it is the judge‘s responsibility to instruct the jury
about the laws that apply to the case.
 Court Clerk
 A court officer who files pleadings, motions, judgments, and keeps
records of evidence and court proceedings.
 Bailiff
 A court officer who maintains order in the courtroom and has custody of
the jury and the prisoners. The bailiff announces the opening and closing
of court, calls witnesses, and maintains security for the judge and court
staff. The bailiff also is in charge of the jury and sees that there are no
interferences with their deliberations.
 Court Reporter
 A person who documents all testimony during court proceedings, or at
trial related proceedings such as pre-motions and depositions.
 Who‘s Who in the Courtroom

 Plaintiff
 A person or party who brings a legal action, or files a complaint, for the
purpose of obtaining a legal remedy. In a criminal case, the plaintiff is
the government.
 Defendant
 A person or party being sued or accused of a crime. The defendant is
presumed to be innocent unless the evidence proves that she or he is
guilty.
 Plaintiff’s Attorney
 An attorney who represents the party who complains or brings suit in a
legal action. In a criminal case, the plaintiff‘s attorney is the government
prosecutor.
 Defense Attorney
 An attorney who represents and acts in the defendant‘s best legal
interest. In criminal cases, persons or parties may have the right to a
public defender.
 Who‘s Who in the Courtroom

 Witness
 A person who takes an oath to tell the truth, and then answers
questions about the case. Witnesses might be asked about
what they saw, heard, or know. They might also be asked to
identify pictures, documents, or other exhibits entered in the
trial.

 Observers
 Most trials are open to observers. Generally the people that
attend a trial have an interest in the case... either in the people
involved or if they care about the issues raised. Courtroom
decorum is important for those watching. They can be asked to
leave if they are not respectful of the court.
 Courtroom Vocabulary

 Relevance
 Evidence must be relevant. It must have something to do with
proving the case.
 Hearsay
 Not usually allowed as evidence. It is something a witness may have
heard about, but did not hear or see firsthand.
 Opinion
 Generally not allowed as evidence. Witnesses are to stick to the facts.
Unless witnesses qualify as experts, their opinions, or what they
think about those facts, are not acceptable as evidence.
 Speculation, Conclusions
 Speculation, or someone‘s idea about what might have happened, is
not allowed. A witness cannot jump to conclusions that are not based
on what the witness experienced.
 Courtroom Vocabulary

 Affidavit
 A written statement of facts confirmed by the oath of
the party making it, before a notary or officer having
authority to administer oaths.
 Brief
 A written statement submitted by the lawyer for each
side in a case that explains to the judges why they
should decide the case or a particular part of a case in
favor of that lawyer's client.
 Case law
 The law as laid down in cases that have been decided in
the decisions of the courts.
 Counsel
 Legal advice; a term used to refer to lawyers in a case
 Courtroom Vocabulary

 Deposition
 An oral statement made before an officer authorized by law to
administer oaths. Such statements are often taken to examine
potential witnesses, to obtain discovery, or to be used later in trial.
 Docket
 A log containing brief entries of court proceedings.

 Pro se
 A Latin term meaning "on one's own behalf"; in courts, it refers to
persons who present their own cases without lawyers.
 Voir dire
 The process by which judges and lawyers select a petit jury from
among those eligible to serve, by questioning them to determine
knowledge of the facts of the case and a willingness to decide the
case only on the evidence presented in court. "Voir dire" is a phrase
meaning "to speak the truth."
 Steps in a Trial

1. The Trial
2. The Judge's Charge
3. Deliberation
4. The Verdict
 2. The Trial

 The Judge may deliver remarks to

the jury
 Attorneys give their opening
statement
 In their opening statements, attorneys
representing both sides introduce their case to
the judge as clearly and persuasively as
possible. It is given in the future tense, as in
"testimony will show" or "evidence will show."
The statement is not intended to be
argumentative, but rather to lay out a general
picture of the facts.
 2. The Trial - Cont.

 Questions to consider during opening

arguments:
 Why are you being taken to trial or being tried?
 In what ways has the defendant done injury to your
client?
 In what way is the plaintiff mistaken in its case against
you?
 Why should your client be found not guilty, or why
should the defendant be found guilty?
 What evidence do you intend to present and what
witnesses to you intend to call to support your case?
 How will you prepare to counter the opposing side's
opening arguments during the next phase?
 2. The Trial – Cont.

 Witnesses are called for direct

and cross-examination and
exhibits are presented.
 Inthis phase, the prosecution and then the
defense lays out its case.
 2. The Trial – Cont.

 Questions for attorneys to consider:

 Why are you questioning these witnesses?

 What do you hope their testimony will show?

 What questions will you ask?

 What questions will you try to avoid? Why?

 How might you try to ask questions in a way that

might help the truth come to light?
 What else do you need to consider in questioning the
witnesses?
 2. The Trial – Cont.

 Questions for witnesses to consider:

 What is your background and/or relationship to
the case?
 How do you feel about the defendant and the
case?
 How does the case affect you directly?

 Do you have any stake in the outcome?

 Do you have any particular motive here?

 2. The Trial – Cont.

 Cross Examination and Redirect

 Before the trial, attorneys should try to anticipate
witness testimony to prepare a list of prospective
questions to ask when you cross-examine and
redirect witnesses.
 During the trial, take note of witness testimony
so that you are ready for cross-examination and
redirect.
 2. The Trial – Cont.

 Closing Statements
 Herethe attorneys summarize their main
arguments, highlighting the main pieces of
evidence in the case, to try to persuade the
judge/jury to support your perspective and rule
in your favor.
 2. The Trial – Cont.

 Questions to consider during closing

arguments:
 How did the evidence support your
argument?
 What specific points did opposing counsel
offer that you can directly refute?
 What do you hope to gain from winning the
case?
 Why should the judge/jury decide in your
favor?
 Court Procedure
1. Calling of Case by Bailiff:
 "All rise. The Lee County Court is now in session. Honorable Judge
________ presiding.

2. Opening Statement:
 First the Plaintiff's Attorney
 Second the Defendant's Attorney

3. Plaintiff's Case:
 First Witness is called to testify (direct examination)
 Defendant‘s Attorney Cross-Examines Plaintiff‘s First Witness
 Second Witness is called to testify (direct examination)
 Defendant‘s Attorney Cross-Examines Plaintiff‘s Second Witness
 Process continues until Plaintiff‘s Attorney has called all of their
witnesses, when all have been called the Plaintiff‘s Attorney shall say,
―No further witnesses.‖
 Court Procedure

4. Defendant's Case:
 First Witness is called to testify (direct examination)
 Plaintiff‘s Attorney Cross-Examines Defendant‘s First
Witness
 Second Witness is called to testify (direct examination)
 Plaintiff‘s Attorney Cross-Examines Defendant‘s
Second Witness
 Process continues until Defendant‘s Attorney has called
all of their witnesses, when all have been called the
Defendant‘s Attorney shall say, ―No further witnesses.‖
5. Closing Statement:
 First the Plaintiff's Attorney
 Second the Defendant's Attorney
 Overview

 The Nature of Criminal Proceedings

 Review Questions
 Opportunity for Student Questions
 Learning Objectives
 Understand the proposes and procedures of
criminal trials
 Describe the importance of police testimony
 Discuss the importance of pretrial preparation
 Describe the aspects of police testimony that
are likely to receive special scrutiny by defense
and prosecuting attorneys during cross
examination
 Describe the manner in which investigators
should conduct themselves while testifying
 The Court System
 The system of determining truth is known as the
accusatorial procedure
 Innocence is assumed until proven otherwise
 The police assist the court by providing information that
can help a judge or jury make the determination of the
facts
 Police testimony is required:
 In criminal trials
 During pretrial hearings
 In civil cases
 The prosecutor's role is very important during the
investigation and continues through the judicial process
The Nature of Criminal Proceedings

 Criminal law and procedure is a body of practices or

rules that is designed to protect the accused and the
interests of society
 The proceedings include:
 Conferences (normally private)
 Between the prosecutor and officers
 Between defense attorney and defendant
 Between prosecutor and defense attorney (sometimes the judge)
 Hearings (numerous!)
 Trial
 Appeals
 The prosecutorial decision is based upon many factors
 The Charging Decision

 The decision to proceed with the prosecution is

made by the prosecuting attorney after:
 An informal conference with investigators
 A review of all police reports
 A review of all physical evidence and exhibits
 Careful consideration is given to:
 Statutesthat cover the alleged criminal activity
 Prosecutorial priorities
 Strengths and weaknesses of the case
 Community awareness and expectations (remember, most
prosecutors are elected)
 What Are the Charges?

 The prosecutor receives a recommendation from the

investigating officer regarding a potential charge
 The prosecutor has wide discretion in this area and
there are several options including:
 Charge the defendant as recommended by the police
 Charge with a different statute
 Return the case to the investigator for further investigation
 Decline prosecution (lack of prosecutorial merit)
 Enter into a plea agreement with the defendant
 Offer the accused deferred prosecution
 Many times, the prosecutor will seek the investigator‘s
input regarding the charging decision but it is, in the
end, the prosecutor‘s decision
 The Arraignment
 Typically, a short hearing
 Essential facts are presented to the court
 Charges are read to the accused
 The judge informs the accused of legal rights
 In some states, officers briefly testify
 After this initial appearance, the formal
accusation of the offense is presented in the form
of an information or an indictment
 The Defendant‘s Plea–Four Choices

 Guilty
 Admits to the charge
 The defendant must waive constitutional rights to trial, to face accusers, the
right of cross examination, to force the prosecution to prove the case beyond
a reasonable doubt
 Bypasses the trial process
 Not guilty
 Nolo contendere (no contest)
 Defendant does NOT admit guilt
 Defendant will be found guilty
 This plea cannot be used against the defendant in a subsequent civil trial
 This plea is not available in all states
 The defendant may also stand mute
 The judge will enter a plea of not guilty for the defendant
 Judge

 The defendant has the right to either a court

(judge) or jury trial
 The judge renders a verdict in a court trial
 A jury consisting of (normally) 12 people render the
verdict in a jury trial
 The judge or jury are considered the fact-finders
 They determine what happened (legally)
 Sample Trial Procedures
 Initial appearance (bail set)
 Arraignment (plea entered, information read or
waived by defendant)
 Preliminary hearing (required for a finding of
probable cause–required for all felony cases)
 Pre-trial hearings are conducted, usually
initiated by the defense for:
 Motions to suppress evidence
 Motion to dismiss specific or all charges
 Sample Trial Procedures (continued)

 In some jurisdictions, the judge will set a date

for a pre-trial conference to facilitate plea
negotiations
 Trial begins
 Opening statements
 Prosecution presents case
 Prosecution rests
 Defense normally moves to dismiss the case at
this point (rarely successful)
 Sample Trial Procedures (continued)

 Defense presents case

 Defense rests
 Rebuttal phase (both sides have the opportunity to
present new witnesses or evidence)
 Closing arguments
 Sample Trial Procedures (continued)

 Court deliberation
 Trial concluded with decision
 Proceedings continue with sentencing process if
found guilty
 Pre-sentence investigation is normally ordered by
the judge in all felony cases
 Sentencing
 Appeals process begins here
 Direct Examination
 Initial questioning by the attorney who called the
witness is called direct examination
 The prosecution usually will call:
 Police officers
 Essential to the prosecution‘s case
 Often are eyewitnesses
 Provide information supportive to the testimony of other
witnesses and to introduce physical evidence
 Witnesses
 The victim
 Cross Examination

 Questioning following direct examination by the

opposing attorney is called cross examination
 Re-examines information revealed during direct
questioning
 Enables the opposing attorney to challenge a witness‘s:
 Veracity
 Accuracy
 This round of questioning may be followed by re-direct
by the original attorney and then again, the opposing
counsel may complete the questioning by re-cross
 Pretrial Preparation

 Preparation for the trial begins from the moment the police respond
to the crime and continues throughout the investigation
 The trial, not the arrest, is the culmination of the investigation
 Pretrial preparations lay the foundation for sound courtroom
testimony
 After being notified of a hearing or trial by the prosecutor, the officer
should:
 Review all reports and notes
 Examine all evidence
 Revisit the crime scene
 Confer with the prosecuting attorney
 Study for testimony as if for an exam!
 Pretrial Conference
 This is an informal meeting with the investigator(s) and the
prosecuting attorney
 The purpose of the conference is to:
 Exchange information
 Answer questions
 Help the prosecuting attorney decide whether to proceed with the
case
 Prepare the officers for their testimony
 The officer should bring all pertinent reports to the
conference
 All matters that need clarification will be addressed in
detail
 Clarifying the Officer‘s Report –
Three Main Areas
 Initial probable cause
 Was there PC to arrest? To search the vehicle?
 Constitutional protections
 When were Miranda warnings given?
 Where other constitutional rights protected?
 Search and seizure
 Use of force
 Right to attorney
 Questioning/interrogation methods–confession
 Evidence gathering
 Was evidence gathered properly (chain of custody maintained)
 Was evidence marked
 Who tested the evidence? Are they qualified?
 Testifying in Court
 Testimony must be:
 Relevant
 Material
 Competent
 Defense attorneys often request that investigators
not listen to other witnesses (a motion to sequester
the prosecuting witnesses ̶ including police officers–
is often granted)
 The court will allow a witness to review documents
during testimony (to refresh memory)
 Preparing to Testify

 The officer must be prepared to testify

 Psychologically
 Physically

 All witnesses are nervous to some degree, including

police officers
 The officer should attempt to create a favorable
impression
 Personal appearance
 Do not converse with others in the courtroom
 Never with the defense counsel
 Never with witnesses (but do be polite)
 Don‘t talk with other officers when court is in session
On the Witness Stand, the Officer Should…

 Be confident
 Display a serious, interested attitude
 Pause briefly prior to answering questions
 Allows the prosecutor to object
 Gives the officer time to answer the question thoughtfully
 Allows the officer some control over the pace of cross-
examination
 Avoid slang expressions, humor, and non-verbal
communication
 Answer in a clear, firm voice
On the Witness Stand, the Officer Should…
(continued)

 Be prepared for a vigorous defense cross-examination

 The purpose may be to discredit either the overall credibility of the
officer or specific information
 Some attorneys focus on the officer personally
 Discrediting a previous statement of the officer is much more common
 Defense attorney tactics include:
 Rapid fire questions
 Purposely mispronouncing the officer‘s name
 Purposely misquoting the officer
 Asking presumptive questions like: ‗Why did you search the trunk before you
obtained permission?‘ when the officer did in fact ask first
 Answer all questions honestly
 State, ―I don‘t know,‖ if the answer to the question is unknown
 Answer closed-ended questions with a simple yes or no
 Testifying Dos

 Do
 Maintain a polite professional demeanor to both the
prosecutor and the defense attorney
 Speak clearly and loudly
 Assume proper body positioning
 Be calm
 Testify from memory
 Listen to the question before answering
 Be yourself
 Pause briefly before answering
 Study for your testimony
 Testifying Don‘ts

 Don‘t
 Refuse to answer a question
 Ask the judge to censure the defense
 Use notes (if possible)
 Anticipate the question, but listen to the entire question
 Guess or speculate
 Argue
 Attempt to ―act‖
 Chew gum
 Drink during testimony
 Use humor or try to funny or ―cute‖
 Qualify answers (―to the best of my knowledge‖)
 Review Questions

1. What is the proposes of criminal trials?

2. Describe the major steps in the criminal judicial
process.
3. Describe the importance of police testimony.
4. How should a officer prepare for testimony?
5. Explain the importance of a pretrial conference
between officers and the prosecuting attorney.
6. Describe the manner in which investigators should
conduct themselves while testifying.
7. What should officers avoid doing when testifying?
 Purpose of Testimony

 Inform the fact finder of your

version of a story.

 Provide facts essential for a

case/hearing.
To be EFFECTIVE…
…you must be
BELIEVABLE.
 When Will You Be Asked to Testify?

 Depositions
 Held during the discovery phase of litigation.
 Opposing attorney asks questions.
 Objections taken but not ruled on.

 Administrative Hearings
 Mini-trials.
 You are testifying to a hearing officer.

 Trial
 Finder of fact can be either jury or judge.
 Who are you testifying for?

 Testimony should always be geared toward the

finder of fact.
 Deposition – Jury
 Administrative Hearing – Hearing Officer
 Trial – Judge or Jury

 Never be concerned with convincing the questioner.

 Procedure

 Direct Examination – Your Attorney

 Cross Examination – Opposing Counsel

 Re-direct Examination – Your Attorney

 BE AWARE YOU ARE BEING
JUDGED BEFORE YOU SPEAK
A WORD
 Appearances Matter

 Wear your uniform.

 Carry yourself in a confident manner.
 No slouching.

 Do not be afraid of eye contact.

 Be attentive and alert.
 Avoid side-conversations.

 Avoid chewing gum.

 Appear calm and collected.
 Always Be Courteous

 Do not argue with the questioner.

 Do not display signs of hostility.
 Do not get angry or lose your temper.
 If your counsel instructs you not to respond to a
question, do not respond even if you think it would
be helpful.
 TELL THE TRUTH

Do you solemnly
promise to tell
the truth, the
whole truth,
and nothing
but the truth?
 Always, always, always be honest with your lawyer.
 We can‘t defend against something we don‘t know about.
 We will not judge you.

 If you don‘t tell the truth, eventually some detail

will slip and your credibility will be seriously
damaged.
 It is much easier to remember only one version of the story.
 If you get caught in a lie, it will not be possible to
repair your image.
 Embarrassing Information

 If there is something embarrassing, discuss it

candidly with your attorney.
 Never say something because you think it is what your
attorney wants to hear.
 Leave the C.Y.A. attitude at the door.
 Your attorney can help you to formulate a position
on the matter.

 DO NOT allow your attorney to be surprised at

deposition, hearing, or trial.
 Nervous?

 If you are nervous, alert your attorney before you go

to testify.
 A lot of nervousness can be eliminated through witness
preparation.
 Do Not Answer Unless You
Understand The Question
 Do no be afraid to ask for clarification or
inform the individual asking the questions
that you do not understand the question
 Ask for clarification if needed

Lawyer: ―Now isn‘t it true that on the 5th of November

last year, you rode naked through the streets on top
of a dustcart, letting off fireworks, and singing ‗I did
it my way‘ loudly?‖

Witness: ―What was the date again?‖

 Listen to the Question.
Understand the Question.
 Listen carefully to all questions
asked of you.
 If you do not understand a
question, ask for it to be repeated
or rephrased.
 Make sure only one question is being
asked.
 Do not answer a question you do
not understand.
 Do not guess at an answer –
politely say you don‘t know.
 Once a question is asked…

 Pause before you answer the question.

 This will give your attorney time to make an objection.

 If you have already started talking and your attorney

interrupts, stop speaking immediately.
 If the question is
unexpected, DO NOT
PANIC AND LOOK TO
YOUR ATTORNEY FOR
HELP.

 Deal with the question as best

you can.
 Providing Your Answer

 Answer only the question asked.

 Do not anticipate questions.

 Do not volunteer information.

 Answer the question directly – do not avoid it.

 Keep your answers short.

 Use ―yes‖ and ―no‖ if at all possible.

 Avoid making speeches.

 If possible, go back to your regulations.

 ―I don‘t know.‖

 It is okay to say ―I don‘t know.‖

 This assumes you really do not know (it goes back to the truth
thing).

 If you do not remember, it is okay to say ―as best I

can remember…‖
 DO NOT GUESS

 Never guess at an answer or speculate.

 Remember that everything must be based on personal
knowledge.
 Do not give an opinion unless it is specifically asked
for.
 Do not be concerned about ―looking‖ bad if you do
not know an answer.
 Documents

 It is okay to ask to see a document referred to by

the questioner.
 Read all documents completely.
 It is okay if you are not familiar with a document –
just say so.
 Do not answer unless familiar with the document.
 Do not guess about what the author was trying to convey.
 Be wary if asked only about certain pages.
 DO NOT bring any documents with you to
deposition, hearing, or trial unless approved by your
attorney.
 Always be aware if a questioner…
…Is overly friendly or
tries to establish
common ground
with you.

Do not become too

comfortable – keep aware.
 More Tips

 Pay attention to objections made by your

attorney.
 Sometimes your attorney is trying to alert you that
there is a problem with the question.
 NEVER interrupt a judge or hearing officer.
 QUALIFICATIONS NECESSARY TO
BE A WITNESS
87

 In order to be a witness, a person must satisfy the

following requirements:
 Requirement of personal knowledge—the witness
must have some personal knowledge of the matter
before the court
 Requirement that every witness declare he will
testify truthfully—most witnesses will take an oath
swearing that they will tell the truth
 Requirement of competency, depending on the
witness’ capacity to observe, remember, and
narrate, as well as an understanding of the duty to
tell the truth
 THE GENERAL PRESUMPTION THAT
ADULTS ARE COMPETENT TO BE
WITNESSES
88

 The law presumes that adults are competent

 The competency of a witness may be challenged, but
the opposing attorney would have the burden of
showing that the witness lacked one or more of the
required qualifications
 Competency of witnesses can relate both to the ability
of the witnesses to testify about a particular event
they witnessed and also to circumstances that cast
doubt on the credibility of that testimony
 THE GENERAL PRESUMPTION THAT ADULTS
ARE COMPETENT TO BE
89
WITNESSES (Cont.)

 A witness will not normally be judged incompetent

based on circumstances that affect only the credibility
of the witness.
 In cases where the prosecutor presents testimony by
paid informants, the fact that the informant was paid to
testify does not usually render the witness incompetent.
 The jury can decide what effect, if any, the
circumstances should have on the credibility of the
testimony given by the witness.
 CHILDREN AS WITNESSES

 If a young child is called as90a witness, the trial judge

will first question the child (questioning the potential
jurors is called voir dire) to determine if the child is
competent to testify.
 The trial judge rules as to the child‘s competence as a
witness.
 91

 Washington v. Crawford (2004) limits admissibility

of some child hearsay.
 State v. Hopkins (Wash. App. 2007) held that 3 year
olds‘ statements to relatives could be admitted but
not their statement to social workers.
 92

 All states have statutes that enable children as young

as 3 years of age to appear as witnesses.
 To protect children and minimize emotional damage,
states have enacted statutes to help children in the
following ways:
 Testimony by closed-circuit television
 Videotaped testimony
93
 Statutes making it easier for children to be found
competent to testify
 Special hearsay exceptions for child victims and child
witnesses
 Use of anatomical dolls in criminal child abuse cases
 Closing the courtroom to all but necessary parties
 Use of leading questions with child witnesses
 Limiting the length of time a child is on the witness
stand
 Limiting the number of interviews with child victims
 Requiring speedy handling of cases involving child
victims
 VOIR DIRE
 The phrase voir dire (French
94 for ―to speak the truth‖) is
the term used to describe the preliminary examination
used to determine whether a witness or juror is
competent or qualified.
 The voir dire consists of questions to determine
whether they are competent and what their interests
and biases are.
 Questioning during voir dire is usually done by the trial
judge, but depending on the law or practice within the
state, the questioning could be done by the attorneys.
 CREDIBILITY OF WITNESS
95
 Methods to keep witnesses honest
 Witnesses must take an oath or affirmation that
they will tell the truth.
 Witnesses must be personally present at the trial.

 Witnesses are subject to cross-examination.

 Witnesses that do not tell the truth run the risk of

being charged with perjury.
 If a witness refuses to testify or refuses to answer
questions that are not privileged, they could be found
in contempt of court and punished.
 CREDIBILITY AND THE WEIGHT OF
EVIDENCE
 It is up to the judge or jury,
96 as the trier of fact, to

determine whether statements made by witnesses are

to be believed and what weight to give them.
 The following factors are considered when
determining the credibility and weight of testimony
from a witness:
 Perception—did the witness have the opportunity to observe and
perceive accurately?
 Memory—has the witness retained an accurate impression of
what he/she saw, heard, or smelled, and is the memory of the
events accurate?
 Narration—does the testimony of the witness and the language
used accurately describe the events?
 CREDIBILITY AND THE WEIGHT OF EVIDENCE
(Cont.)
 The incontrovertible physical
97 facts rule (also
known as the physical facts rule) holds that the fact-
finding body will give no weight to witness statements
that are inherently incredible, unbelievable, and
contrary to physical facts, known physical laws,
general knowledge, or human experience.
 In a jury trial, the jury is the sole judge of the
credibility of all witnesses, including the defendant if
he takes the witness stand.
 The jury evaluates the weight and credibility of
testimony free from the influence of the trial judge.
 98
DEMEANOR AS EVIDENCE IN
JUDGING WITNESSES

 Not only are the words of a witness evidence in a trial,

but the demeanor of the witness has been held also to
be evidence that may be used in determining
credibility.
 CONSTITUTIONAL RIGHTS OF
DEFENDANTS REGARDING
WITNESSES
99

 The right to compel the attendance of witnesses

 A subpoena is a command to the person to whom it is
directed to appear on a specified date at a given time and
place for the purpose of testifying
 A subpoena duces tecum could also be issued requiring
the person to bring documents or other materials that are
expected to be useful in the proceedings
 Only competent witnesses who have a personal knowledge of
facts relevant to the case may be subpoenaed
 CONSTITUTIONAL RIGHTS OF DEFENDANTS
REGARDING WITNESSES (Cont.)

 The right to confront and cross-examine

100 witnesses
 The witness not only testifies in open court in the
presence of the accused but is also subject to cross-
examination by the opposing party
 Cross-examination is considered to be one of the
safeguards of the accuracy and completeness of
testimony by a witness
 The defendant‘s right to testify in his or her defense
 Defendants have a right to testify on their own
behalf
 Defendants who take the witness stand to testify on
their behalf waive their right to remain silent and
must answer questions on cross-examination
 TYPES OF WITNESSES AND
OPINION EVIDENCE
101
 Ordinary witnesses and expert witnesses
 Most witnesses are ordinary witnesses and are called to testify
about the first-hand information they have regarding the case
before the court.
 Their testimony is usually limited to what they have seen, heard
(hearsay is in most instances excluded), smelled, felt, and on rare
occasions, tasted.
 Law enforcement officers appear in most cases as ordinary
witnesses, although some officers also appear as expert witnesses
when they qualify, testifying about fingerprinting, traffic matters,
weapons, etc.
 TYPES OF WITNESSES AND OPINION EVIDENCE
(Cont.)
 An expert witness is a person
102
who has had special
training, education or experience.
 Due to this experience and background, the expert witness
may be able to assist the jury and the court in resolving the
issues before them.
 Three questions are presented to a trial court when one of
the parties seeks to introduce an expert witness:
 Isthe subject on which the expert witness will testify one for
which the court can receive the opinion of an expert?
 What qualifications are necessary to qualify the witness as
an expert?
 Does the witness meet these qualifications?
 TYPES OF WITNESSES AND OPINION EVIDENCE
(Cont.)
 The trial judge has to determine whether the expert testimony is
103
reliable enough to admit into evidence.
 Qualification as an expert in some fields requires years of formal
education, training, certification, or license.
 It is the fact finder (jury or judge) who determines the weight and
credibility to be given to the testimony of both expert and ordinary
witnesses.
 OPINION EVIDENCE BY ORDINARY
WITNESSES
104

Neither the ordinary nor expert witness would be

permitted to give an opinion as to whether the
defendant is guilty or innocent.
 Testimony of ordinary witnesses may include opinions and
conclusions on common things that are within the knowledge
of the average person.
 105

 Knowledge of the defendant (e.g., gestures, manner of

speaking) by a witness may be allowed (e.g., Dawson v. State,
GA. 2008).
 DIRECT EXAMINATION OF
WITNESSES
106

 The first witnesses to appear in criminal cases are

government witnesses called by the prosecutor to
support the state‘s case.
 The question-and-answer method is used so that the
opposing lawyer may object to the question before the
answer is in evidence.
 By the use of short general questions, the witness is
able to tell the story and at the same time is kept to the
point.
 CROSS-EXAMINATION OF
WITNESSES
107

 After the direct examination, the witness may then be

cross-examined by the opposing attorney.
 The purposes of cross-examination are:
 To test the believability of a witness and the truth of his
testimony
 To bring out facts supporting the cross-examiner’s case
 To impeach (discredit) the witness
 IMPEACHMENT
108

 Is another aspect of cross-examination that is

intended to afford the jury a basis to infer that the
witness‘ character is such that he would be less likely
than the average trustworthy citizen to be truthful in
his testimony
 109

 Law enforcement officers are usually important

witnesses in a trial and the defense will try to
impeach them.
 The Supreme Court (Napue v. IL, 1959) has held
that due process protection requires the
government to disclose to the defendant
information regarding witness credibility prior to
trial.
 Any prior falsehood by law enforcement can taint
trial credibility.
 IMPEACHMENT
 Impeachment may be accomplished by cross-
examination and also by introduction
110 of evidence.
 The functions of impeachment may be classified as
follows:
 To attack the witness’s credibility and
qualifications to testify truthfully because of prior
criminal conviction (and in some jurisdictions and
some instances, a showing of prior bad conduct)
 To attack the testimony given by the witness on
direct examination by showing prior inconsistent
statements
 To attack the witness’s credibility by showing bias,
prejudice, or ulterior motives of the witness
 OBJECTIONS TO QUESTIONS
 Objections to questions are
111the first line of defense
against statements the opposing party seeks to use.
 It is the lawyers who must object, not the
judge.
 In most instances, failure to object waives the
right to an appeal to a higher court.
 The trial judge has considerable discretion in ruling
upon objections and in determining what is relevant,
material, and competent.
 Objections!
112

 Objections are classified as follows:

 Objections to the substance of the question

 Objections to the form of the question

 Objections to the answer

 THE REQUIREMENTS OF
RELEVANCY, MATERIALITY, AND
COMPETENCY
113
 To minimize confusion and to make trials manageable,
it is required that all evidence must be relevant,
material, and competent
 To introduce facts, testimony, or a physical object, it
must be shown that:
 The evidence addresses a material fact
 It is relevant to the fact

 It is able to affect the probable truth or

falsity of that fact by being competent
 MATERIAL & RELEVANT
114

 A fact is material if it will affect the

result of a trial.
 Evidence is relevant if it has a
tendency to make material fact
more or less probable.
 REDIRECT EXAMINATION AND
RECROSS-EXAMINATION
115
 After the cross-examination, the lawyer who produced the
witness may then conduct a redirect examination of
the witness.
 The purposes of a redirect examination can be defined as
follows:
 To restore the credibility of a witness who has been
impeached on cross-examination by explanation of
matters on which the cross-examiner sought to
impeach the witness
 To restore the credibility of a witness by pointing out
prior consistent statements when the impeachment
was made by means of prior inconsistent statements
 REDIRECT EXAMINATION AND RECROSS-
EXAMINATION (Cont.)
116
 Additional witnesses may be used to rebut the cross-
examination and assist in rehabilitation.
 New evidence may also be presented if the cross-
examination opened the door to new matters.
 RECROSS-EXAMINATION
117

 Recross-examination is the fourth and usually the

last stage of the examination of the witness.
 The recross-examination is usually confined to
matters dealt with on the redirect examination.
 THE ROLE OF THE TRIAL JUDGE
118
 The trial judge manages the courtroom, the trial, and
rules on questions of law.
 The judge rules on motions and objections made by
attorneys before and during a trial and gives
instructions to the jury.
 The trial judge has the obligation to safeguard both
the rights of an accused and the interests of the
public in the efficient and effective administration of
criminal and civil justice.
 The trial judge may not comment on the weight of
the evidence.
 THE ROLE OF THE TRIAL JUDGE (Cont.)
 Federal Rule of Evidence 614 (b) allows the court (the
trial judge) to interrogate 119
witnesses.
 In a few states, jurors are permitted to question
witnesses indirectly through the trial judge.
 Almost all federal courts permit jurors to ask questions
of witnesses by submitting the questions to the judge.
 As with questions posed by the judge, the parties may
object to these questions on the same grounds as
questions asked by one of the parties.
 CAN A PERSON WHO HAS BEEN
HYPNOTIZED TESTIFY AS A
WITNESS?
120
 Studies of hypnosis began over two hundred
years ago, but to date, there is no single
explanation of the phenomenon that satisfies
most scientists.
 The U.S. Supreme Court identified the
following three problems in the use of a
witness whose testimony has been
hypnotically refreshed:
 The subject becomes “suggestible” and may try to
please the hypnotist with answers the subject thinks
will be met with approval
 The subject is likely to fill in details from the
imagination in order to make an answer more coherent
and complete
 CAN A PERSON WHO HAS BEEN HYPNOTIZED
TESTIFY AS A WITNESS? (Cont.)
 The subject experiences “memory hardening” which
121
gives him great confidence in both true and false
memories, making effective cross-examination more
difficult.
 Because of these and other problems, some states will
not permit the use of hypnotically refreshed
testimony as evidence.
 Other states have established guidelines for the use of
hypnotically refreshed testimony.
 Another problem area commonly associated with
hypnotically refreshed memory is that of “repressed
memories.”
 Normal Sequence

 Invoke ―the rule‖- clears the courtroom

 Plaintiff attorney- Opening statement
 Defense attorney- Opening Statement
 Plaintiff presents case
 Judge rules on motions and objections
 Defense attorney moves for directed verdict
 Stress

 With careful preparation, a witness may find that

testifying in court does not have to be a stressful
consequence of their job.
 Fact Witness

 Has personal knowledge of events pertaining to the

case
 Can only testify to things he/she personally observed
 Fact Witness

 Can‘t offer opinions

 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
 Expert Witnesses

What is an expert witness?

One who has specialized knowledge, skill, experience
or training and is called upon to submit an opinion.
 Credentials

 Degrees
 License
 Certification
 Professional Organizations
 Publications
 Lectures
 Experience

 Work experience
 Specialty experience
 Evidence of expertise in the area under question
 Research experience
 Publications
 Lectures
 Credible

 Do not ―puff‖ your opinions

 Do not try to evade issues
 When you are wrong admit it
 Articulate in Presentation

 Use clear, understandable language

 Watch how fast you talk
 Look up, speak clearly
 Neither speak down or up to the jury
 Do not obfuscate with language that lay public will
not understand
 Dressed for Success

 Your dress speaks before you do

 Use your appearance and demeanor increase your
persuasiveness
 Mistakes Expert Witnesses Make

 Lack of expertise
 Failure to prepare
 Incomplete knowledge of the law
 Puffing
 Flappable
 Mistakes Expert Witnesses Make

 Taking it personally
 Trying too hard
 Wrong standard of care
 Healthcare Professional

 Straddle
 Fact or Expert Witness?

 May state the facts, may offer opinion-can be challenged

 Judge decides to admit or not

 Testimony Preparation

 Record keeping
 Well organized

 Standardized

 Readable for style

 May draw pictures/sketch, include photographs

 Pre-Trial Responsibilities

 Notebook
 Good Reports- if it isn‘t in the report, it didn‘t
happen!
 Preparation Checklist

 Obtain Original Report

 Schedule a Preliminary Meeting with the Attorney
calling you as a witness if you are an expert witness
 Re-Read your Report
 Review photos, tapes and statements
 Subpoena/Subpoena Duces Tecum

 What is a Subpoena?
 What is a Subpoena Duces Tecum?
 Does this give you the authority to release
confidential information?
 What should you do?
Introduction to Courtroom
Demeanor

 Witness Examination
Procedure;
Plaintiff's Case
 Direct examination
 Cross-examination
 Re-direct examination
 Re-cross-examination
 On the Stand

 Attitude of Confidence
 Notcockiness
 Maintain Composure and dignity

 Body Language
 Situp 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
 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
 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…”
 Role of Judge

Interprets
provisions of the law
 Rules on Jury
Instructions
Rules the
courtroom and the
process of trial
 Role of Jury

Determine Judgment in the matter

PACE
Dealing with Attorneys

DO I HAVE TOO?
 Attorney‘s

 Cooperate with the attorney

 Address your responses
correctly
 Take time to formulate your
answer
 Allow time for objections
 Don't volunteer information
 Plaintiff or 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/plaintiff
attorney
 Don't be misled or trapped
 Don't try and be clever or
funny
 Don't be timid
 Precision and accuracy of witnesses
testimony

 Know your facts

 Review your testimony before court
 Don't discuss your testimony with witnesses who
have preceded you
 How to improve your testimony on
the stand

 Don't lie
 Don't exaggerate
 Don't guess
 Qualify "yes" or "no" answers
 Give testimony of the substance of a conversation
 How to improve the accuracy of
your testimony

 Refer to your notes

 Use evidence
 Tips for Testifying

 Don't let personal feelings

enter into your testimony
 Don't be influenced by
other witnesses
 Don't let attorneys put
words into your mouth
 Avoid terms that are
derogatory
 Include all points; don't
omit the truth
 Opinion evidence
 base each opinion on facts that led you to that opinion

 clarify in your own mind when fact ends and opinion

begins
 Testimony regarding profanity; tell the court that
indecent words were used and ask if court wants to
have them repeated exactly
 Attorney Personalities

 Common tactics used by attorneys during cross-

examination
 offensive or rapid-fire questions
 condescending counsel
 friendly counsel
 badgering or belligerent
 How to react to counsel tactics
 do not argue
 avoid displays of bias
 do not joke or laugh
 be responsive
 perform like a professional
 Tactics of Cross-Examination

 Pretrial Discussions
 Refusal to Discuss with Defense Counsel
 Repetitive Questions
 Advice on legal issues
 Multiple or Compound Questions
 Misquoting Prior Testimony
 Rapid-Fire Questions
 Tactics of Cross-Examination

 Unreasonable Demand for ―Yes‖ or ―No‖

 Trick Questions
 Question expert‘s Authority
 The ―Iffy‖ Question
 Condescending Approach
 Friendly Approach
 Badgering
 Wrong Name, Wrong Rank Diversion
 Tactics of Cross-Examination

 Switching Testimony
 Staring
 Endeavor to Develop Conflicting Testimony
 Use of Prior Transcripts
 Deposition
Case Prep and
Testimony
The Police Officer’s
Role
 To assist the
prosecutor in
presenting the facts of
a case to a jury or
trial court judge
Successful Prosecution
 Is largely dependent
on an open
relationship between
&

during trial
preparation
 Keys to Proper
Testimony
1. Truthful
 objective
 fact based
 never guessing
 foregoing intentional
lies
Key Elements of
Testimony
2. Unbiased
 without assumptions
 personal opinions
aside
The Result of Intentional
Lies

 Lose case(s)
 Officer discipline
 Perjury or other charges
 Failure of due process
 Statements become part
of the record
 Preparation Steps
 Prepare complete reports.
 Re read all reports,
notes…
 Review diagrams,
evidence photos…
 Mug shots
 GO BACK TO THE SCENE!
 Preparation Steps… Courthouse

 Conferwith your prosecutor

 Meet and discuss case with all
witnesses
Preparing to Testify
 Thorough Reports
 address
 who
 what
 when
 where

 make it “happen”
 Thorough Reports, cont.
 a poor report = a poor
case
 the defense will key in on
errors
 can be used to discredit officer
 may be used to impeach witnesses
 Thorough Reports, cont.
 list appropriate charge
and statute

 know laws well or have

reference readily
available
 Other Report
Reminders…
 know and use resources
 check and re-check grammar
 retain or destroy notes???
 Retention of Notes
 may be asked to “interpret” notes
 can’t read
 can’t remember cryptic writings

 may cause officer to lose focus

while flipping back and forth

 defense can request under

disclosure
 Re-read All Police
Reports
 length of time vs. memory
 memory fades
 details blend from cases
 review is like cramming for an
exam
 Re-read All Police
Reports
 thoroughness affects
value
 accuracy issues
 perception
 Re-read All Police
Reports
 re-visit the scene
 Re-read All Police
Reports

ONLY READ THE CRIMINAL COMPLAINT

 The prelim is NOT a trial
 Only P.C. is required
 Defense is entitled to all that you used, so use only the
Criminal Complaint (it contains P.C.)
 Preparation Steps
A. Prepare complete reports.

B. Re-read all reports.

C. Confer with your

prosecutor.
 Confer With Prosecutor
 get prosecutor involved
early
 review strong and weak
points

 re-live the call

 keep details confidential

A good way to lose a
case in court is by:
 giving more
information than you
are asked

 not telling the

prosecutor if your
case has a weak spot
 Key Factors in
Testimony
 professional appearance
 Reminders:
 dress conservatively
 avoid excessive jewelry
 no gum
 speak clearly
 stand tall
 Key Factors in
Testimony
 Attitude
 general
• towards prosecutor
• towards defense
attorney
• towards the jury and
judge
 Key Factors in
Testimony
 Appearance
 grooming
 attire
 demeanor
 Physical or personal
appearance is
important, because it
will affect the weight
given to your
testimony by the jury.
General Demeanor
 pre-trial
jitters
 timeliness
 pre-trial
preparation
General Demeanor,
cont.

 behavior
 humor is out
 sterile and
unbiased
 maintain
composure
 Towards the
Prosecutor
Your
“Allie and Coach”
 Towards the
Prosecutor
 Answer only what you are
asked
 complete
 brief
 truthfully
 not overly aggressive
 Successful
prosecution
also depends on…

 touching base with the

Prosecutor BEFORE
you have completed
your investigation
 The Primary Goal
of the Defense

 is to create
REASONABLE DOUBT
in the minds of jurors
 The Defense, cont.
 is sworn to protect
the accused

will key on
prosecution’s lack of
preparation
 Defense Tactics
 intentional mispronunciation of
officer’s name

 playing down
training/qualifications

 asking multiple questions

rapidly
 asking questions which are
really statements
Aggressive Defenses
 avoid rushing from the witness stand
when testimony is done

 be prepared to be recalled to the stand

 closing argument usually presents the

worst attack on officer credibility
 Dealing With
The Defense
 listen carefully
 think before answering
 pause briefly prior to answering
questions to
 Controls pace of cross-examination
 Allows opportunity for objection

 ask for clarification

 respond carefully and clearly
NEVER, EVER Argue with the defense.
 Dealing With
The Defense,
cont.

Although it is important to avoid sarcasm,

 repeating back “stupid”

questions buys time, allows the
prosecutor to object, and
covertly emphasizes a question
that was inappropriate.
 Dealing With
The Defense,
cont.

Most importantly:
 follow rules &
procedures
 don’t take it
personally
 Dealing With
Objections
 Stop speaking immediately.
 Don’t finish your sentence.
 Wait for judge to rule:
 overruled- disagrees with objection

(answer)
 sustained- agrees something is
improper (don’t answer)
 The
Judge

 arbitrates all legal matters

 protects the rights of the
accused
 adheres to proper
procedural rules
The Judge,
cont.

 often has the

final say
 Speaking to the
Judge
 eye contact is
important

 address respectfully
 Exercising Respect
 Address all others
present as:
 Recall and
Refreshing Memory

 the importance of
accuracy/thorough
ness
 Recall and
Refreshing Memory

 defense tactics
• leading questions
• open ended
questions
Courtroom Layout
 Demeanor on the
Stand
 preliminary hearing
role

Testimony to establish
probable cause that a
crime has been committed .
 Demeanor on the
Stand
 order of events
 name
 employer
 “lead in”
 identify defendant
 intro. of evidence
 possible demonstration
 Civil Court Actions
 no prosecutor
 lesser “burden of proof “
for judgment
 does not require
unanimous verdict
(5:6)
 Lessons of
Fuhrman…
The defendant was one of
two detectives originally
assigned to investigate
the murder of Nicole
Brown Simpson
 cont.
 In July, 1994, Fuhrman
appeared a witness in the
preliminary hearing of
the homicide case against
O.J. Simpson
 cont.
 Prosecutor’s question:
…I want you to assume that
perhaps, at some time since 1985
or 86, you addressed a member
of the African American race as a
“nigger”.

Is it possible you have

forgotten that act on your
part?
 cont.
 Defendant’s response:
No, it is not possible.
 cont.
 Prosecutor:
Are you therefore saying
you have not used that
word in the past ten years,
Detective?
 cont.

 Defendant’s response:
Yes, that is what I’m
saying.
 cont.
 Prosecutor:
And you say under oath,
that you have not
addressed any black
person as a “nigger”
during that time?
 cont.
 Defendant’s Response:
That’s what I’m saying,
sir..
 cont.
 Prosecutor:
So anyone who comes to
this court and quotes you
as using that word in
dealing with African
Americans would be a
liar…?
cont.
 Defendant’s response:
Yes, they would.
 cont.

 Prosecutor:
All of them, correct?

 Defendant’s response:
All of them.
On September 05, 1995, Laura
Hart McKinney testified that in
1985, she had taped several
interviews with Fuhrman in
which he had referred to Black
Americans as “niggers”.
 Three other
witnesses collaborated this
same information, impeaching
Fuhrman‘s earlier testimony.
 Through his attorney, Mark
Fuhrman issued a statement
―regretting the effect‖ his
testimony had on the people of Los
Angeles.
 As part of his perjury
conviction, he was
precluded from ever
serving as a peace officer
in the State of California.
 Honesty
is the key that opens the
door to

Respect
 Final Do‘s and Don‘ts…

 Don‘t
 Be late
 Discuss your testimony with anyone once the trial
starts…. No one but L.E. prior to the trial
 Carry your reports up to the stand
 Wear your gun unless you ask the D.A.
 Testify for the defense without notifying the D.A.
 Guess… Say you don‘t know… with proper foundation,
your reports may be used to refresh your memory
 Get cute on the stand
 Final Do‘s and Don‘ts…

 Don‘t
 Try to outsmart the defense attorney

 Be afraid to say, ―I don‘t know.‖

 Guess

 Drink water while testifying

 Talk to others when sequestered

 Final Do‘s and Don‘ts….

 Do
 Listen to the question

 Pause slightly before you answer

 State that you don‘t understand a question

 Speak clearly and confidently

 Talk, don‘t gesture

 Identify the defendant by what he is wearing and where

he is seated.
 Be prepared to demonstrate

 Keep your answers short and simple

 Questions and Problems…

 Question: Officer Jones, what did you see?

 Answer: I saw that the defendant was drunk.
 What will the objection be???

“Objection your Honor, conclusion!”

“ Sustained!!!”
 Questions and Problems…

 Question: Officer Jones, did you administer the field

sobriety tests?
 Answer: Did I administer the field sobriety test? Well, that was
Officer Smith‘s first OWI stop.
 What will the objection be???

“Objection your Honor. The witness is being non-

responsive!”
“ Sustained!!!”
QUESTIONS?
CONCERNS?
COMMENTS?
The End