Testifying In Court

2. Testifying in Court

3. Overview
• Grand Jury vs. Trial Jury
• Expert vs. Regular Witnesses
• Preparing for Court
• Speaking/Acting with Confidence
• Giving Your Testimony
• Review

4. Grand Jury vs. Trial Jury
• Both examine the relevant evidence of a case
• Grand juries decide whether to indict (bring
formal charges against) a suspect.
• Trial juries determine whether the defendant
should be acquitted of the charges against
him/her.
• Grand jury is more closed and relaxed
• Prosecution and defense attorneys go to trial

5. Sequence of a Criminal Trial
• Jury selection.
• Opening statements by prosecution and
defense.
• Prosecution’s case presentation.
• Defense’s case presentation.
• Closing statements by prosecution and
defense.
• Instructions to jury.
• Jury deliberation to reach verdict.
• Reading of verdict.
• Acquittal or passing of sentence.

6. Expert vs. Regular Witnesses
• Expertise
• Provide Opinion
• Qualified

7. • They go on thinking that
their legal instinct and their
common sense supplies
them with all that is needed
and somewhat more . . .

9. lawyers
judges
juries

10. • Yes – if the average Juror (or
Judge) does not have the
necessary experience and
knowledge

11. • Training
• Work Experience
• Formal Education
• Experience as an Expert
• Passing a Standardized Test
• Recognition by Academic Institution
• Recognition by a Professional
Organization

12. Justice Blackmun explained that “absent
an acceptable showing of such a nexus,
evidence on the phases of the moon
indicating that it was full on a certain
night could not be received to show that a
particular individual was behaving
irrationally on that evening.”

13. • How can we expect jurors to
decide between experts when the
jurors’ ignorance is the premise
for allowing the expert to
testify in the first place?
•Learned Hand, 1901

14. Preparing for Court
• Begins at the scene
• Take good notes
• Review your report
• Be confident
• Be prepared to explain
inconsistencies

15. Case Presentation
• Direct examination: the initial questions
of a witness or defendant by the lawyer
who is using the person’s testimony to
further his or her case.
• Cross-examination: Questioning by the
opposing side for the purpose of
assessing the validity of the testimony.

16. Speaking/Acting with Confidence
• Get/stay familiar with the court
• Know the major players
• Don’t discuss the case in public
• Treat people with respect, be professional &
polite
• Don’t get personal
• Be on time
• Dress right

17. Giving Your Testimony
• To effectively testify in court:
– Be prepared.
– Look professional.
– Act professionally.
• Attempts will be made to discredit or
impeach the testimony of the security
officer in court.

18. Inadmissible Statements
• Opinion (unless qualified as an expert).
• Hearsay.
• Privileged communication.
• Statements about character and
reputation, including the defendant’s
past criminal record.

19. Effective Testimony
• Speak clearly, firmly and with expression.
• Answer questions directly. Do not volunteer
information.
• Pause briefly before answering.
• Refer to your notes if you do not recall exact
details.
• Admit calmly when you do not know an
answer.
• Admit any mistakes you make is testifying.
• Avoid jargon, sarcasm and humor.
• Tell the complete truth as you know it.

20. Using Notes
• Refer to your notes if you are
uncertain of specific facts, but do not
rely on them excessively.

21. Nonverbal Elements in Testimony
• Important nonverbal elements include:
– Dress.
– Eye contact.
– Posture.
– Gestures.
– Distance.
– Mannerisms.
– Rate of speech.
– Tone of voice.

22. Strategies for Testifying
• Set yourself up.
• Provoke the defense into
giving you a chance to explain.
• Be unconditional.
• Do not stall.

23. Cross-Examination by the Defense
• The defense attorney may:
– Be disarmingly friendly or intimidatingly rude.
– Attack your credibility and impartiality.
– Attack your investigative skill.
– Attempt to force contradictions or inconsistencies.
– Ask leading questions or deliberately misquote
you.
– Ask for a simple answer to a complex question.
– Use rapid-fire questioning.
– Use the silent treatment.

24. Cross-Examination by the Defense
• Avoid conclusions and nonresponsive
answers.
• Answer yes-or-no questions with
“yes” or “no.”

25. Review
• What is important in testifying in court?
• What is the usual sequence of a criminal
trial?
• What is direct examination? Cross-
examination?
• What kinds of statements are
inadmissible in court?
• How can one testify most effectively?

26. Review
• When should you use notes when
testifying?
• What nonverbal elements can influence
courtroom testimony positively and
negatively?
• What strategies can make testifying in
court more effective?
• What defense attorney tactics should an
officer anticipate?

27. That’s all . . .