Courtroom Demeanor and Testimony

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

6. Normal Sequence Accusatorial System- Defendant charged Prosecution must prove Standard presumption of innocence Standard to prove?

7. Normal Sequence Clerk calls the next case Judge ask DA and defense 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

8. Normal Sequence Continued Invoke �the rule� Prosecutor- Opening statement Defense- Opening Statement State presents case Judge rules on motions and objections Defense attorney moves for directed verdict or acquittal

9. Normal Sequence Continued Defense proceeds with evidence to support �Not Guilty� plea Defense and Prosecution make summations (closing arguments) Judge excuses the alternate jurors and instructs the jurors on the applicable laws Jury retires to elect a spokesman and to discuss the verdict

10. 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

11. Courtroom Layout or Scene

12. Courtroom Demeanor 9:03 Seconds NJCLES9:03 Seconds NJCLES

13. What not to do�. Buck Savage Buck Savage

14. Role of Judge

15. Is the Evidence Admissible?

16. Role of Jury

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

18. Fact Witness Can�t offer opinions

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

20. 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

21. Expert Witness 1:08 Expert Witness 1:08 Expert Witness

22. Voir Dire Legal right or ability of a witness to testify in whole or in part to certain knowledge or the legal right or ability of a jury panel member to serve on a trial jury.

23. Voir Dire 5:10 Voir Dire 5:10 Voir Dire

24. Invoking the Rule All witnesses in a case are instructed to leave the courtroom and remain outside for the duration of the trial.

25. 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

26. Courtroom Testimony Part I 8:11 Part 1 8:11 Part 1

27. Courtroom Testimony Part II 6:10 Part II 6:10 Part II

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

29. 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?

30. 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

31. 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

32. 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?

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

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

35. Oath of Witnesses Show respect while taking the oath Face the Clerk, look straight into her eye, body erect, head high. Raise right hand and extend it out from the shoulder with upper arm parallel with floor �I DO� in a firm manner

36. What is the Oath? �Do you solemnly swear(or affirm) that the testimony you are about to give in this case is the truth, the whole truth, and nothing but the truth?� �I DO�

37. 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

38. 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

39. On the Stand

40. 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

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

42. Court Reporter Officer concerned with responsibilities of the court reporter Testimony accurately recorded

43. Appearance Dress Deportment

44. Punctuality Show up early Make sure prosecutor is aware you are present If late, notify the prosecutor immediately Do not leave until excused

45. Notes and Reports No notes � preferred Detailed testimony- use investigative notes Reports should not be taken to the stand

46. Sitting in the Witness Chair To take the stand Feet flat on floor Hands placed on lap or arms of the chair

47. 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

48. Professional Courtroom Appearance and Demeanor Precautions taken at the 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

49. Mannerisms 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

50. 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 hurry 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

51. 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

52. Pre-Trial Responsibilities Notebook Good Reports- if it isn�t in the report, it didn�t happen!

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

54. Preparation continued� Examine Physical Evidence Revisit the scene Make aids Prepare technical data Take best evidence to Court

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

56. Examination of Officer Witness Prosecution's Case Direct examination Cross-examination Re-direct examination Re-cross-examination

57. Error If you realize you made a mistake or misspoke. Turn to the court and say: �If the Court please, I would like to correct a statement I made a moment ago.�

58. Dealing with Attorneys

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

60. 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

61. 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

62. 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

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

64. 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

65. 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 required regarding confessions Testimony regarding profanity; tell the court that indecent words were used and ask if court wants to have them repeated exactly

66. 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

67. Other Definitions or Important Terms Hearsay Evidence Dying Declaration Business Records Spontaneous Statements Prior Witness Statements Past Recollection Recorded- exception to hearsay rule Present Recollection Refreshed

68. Tactics of Cross-Examination Pretrial Discussions Refusal to Discuss with Defense Counsel Repetitive Questions Voir Dire Advice on Constitutional Rights Multiple of Compound Questions Misquoting Prior Testimony Rapid-Fire Questions

69. Tactics of Cross-Examination Unreasonable Demand for �Yes� or �No� Trick Questions Question Officer�s Authority The �Iffy� Question Condescending Approach Friendly Approach Badgering Wrong Name, Wrong Rank Diversion

70. Tactics of Cross-Examination Switching Testimony Staring Endeavor to Develop Conflicting Testimony Use of Prior Transcripts Deposition

71. Mark Furman 1:18 Mark Fuhrman 1:18 Mark Fuhrman

72. Questions ?