IN AND ABOUT THE COURTROOM

• NCJ Number: 46698
• Author(s): F R COSTA
• Date Published: Unknown
• Length: 27 pages
• Corporate Author: San Diego Cty Office of the District Attorney
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: THIS MATERIAL WAS PUBLISHED AND APPEARED AS THE FEATURE ARTICLE IN VOLUME 3, NO 2 & 3 OF THE SAN DIEGO COUNTY DISTRICT ATTORNEY LAW ENFORCEMENT QUARTERLY

Annotation

A GUIDE TO TESTIFYING IN COURT, DIRECTED TOWARD POLICE OFFICERS, IS PRESENTED WHICH INCLUDES PRETESTIMONY PREPARATIONS, EXAMINATION AND RESPONSE, DEFENSE TACTICS, AND COURTROOM PROCEDURE AND ETIQUETTE.

Abstract

TESTIFYING IN COURT IS OFTEN AN IMPORTANT RESPONSIBILITY OF THE POLICE OFFICER, ONE WHICH CAN AFFECT NOT ONLY THE DECISIONS OF THE JUDGE OR JURY AND THE OUTCOME OF THE TRIAL, BUT ALSO THE OPINIONS OF THE PUBLIC TOWARD LAW ENFORCEMENT. TESTIMONY IS DEFINED AS EVIDENCE GIVEN BY A COMPETENT WITNESS UNDER OATH OR AFFIRMATION. THE WEIGHT GIVEN TO ORAL TESTIMONY WILL DEPEND ON THE IMPRESSION OF TRUTHFULNESS THE WITNESS MAKES ON THE JURY. THE STATUS OF AN OFFICER WILL OFTEN ADD TO CREDIBILITY. ADDITIONAL FACTORS INFLUENCING CREDIBILITY WILL BE THE MANNER OF PRESENTATION, APPARENT SINCERITY, ATTITUDES, AND EVEN DRESS. BEFORE TESTIFYING THE OFFICER SHOULD BE PUNCTUAL IN HIS APPEARANCE AT COURT, HIS ATTIRE SHOULD BE NEAT AND CLEAN, AND HIS DEMEANOR SHOULD BE COMPOSED AND FITTING THE CONDUCT OF A PROFESSIONAL POLICE OFFICER. TYPES OF EXAMINATION THE OFFICER-WITNESS MAY FACE INCLUDE DIRECT EXAMINATION, CROSS-EXAMINATION, REDIRECT OR RECROSS-EXAMINATION, AND REBUTTAL EXAMINATION. RESPONSES SHOULD BE IN A NORMAL VOICE AND DIRECTED TOWARD THE JURY. ANSWERS SHOULD BE GIVEN COURTEOUSLY AND IN A SIMPLE AND STRAIGHTFORWARD MANNER. IN GENERAL, DEFENSE ATTORNEYS WILL USE EITHER A HOSTILE, A FRIENDLY, OR A COMBINATON APPROACH IN QUESTIONING A WITNESS. TACTICS MAY INCLUDE REPHRASING A QUESTON A NUMBER OF TIMES, ASKING COMPLEX OR LEADING QUESTIONS, USING INCOMPLETE QUESTIONS, OR ASKING QUESTIONS IN RAPID SUCCESSION. PERHAPS THE MOST IMPORTANT GUIDELINES TO TESTIFYING ARE TO STAY ALERT, EXHIBIT PROFESSIONALISM, IMPARTIALITY, AND TRUTHFULNESS, AND MAINTAIN COMPOSURE. MORE DETAILED INFORMATION IS PROVIDED CONCERNING COURT PROCEDURES AND COMPORTMENT IN SPECIFIC SITUATIONS SUCH AS TAKING THE OATH OR WITNESS STAND, USE OF TECHNICAL LANGUAGE OR SLANG, REFRESHING ONE'S MEMORY, OR REFERRING TO PERSONAL KNOWLEDGE OR BELIEFS AND IMPRESSIONS. PROPER RESPONSES TO SPECIFIC STRATEGIES OR QUESTIONS AN OFFICER MIGHT ENCOUNTER FROM THE DEFENSE ATTORNEY ARE PRESENTED. A BRIEF REVIEW OF COURTROOM DECORUM AND ETIQUETTE IS ALSO INCLUDED. (JAP)