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Sacramento County District Attorney’s Office Community Prosecution Unit COURTROOM TESTIMONY OCTOBER 28 2005.

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Presentation on theme: "Sacramento County District Attorney’s Office Community Prosecution Unit COURTROOM TESTIMONY OCTOBER 28 2005."— Presentation transcript:

1 Sacramento County District Attorney’s Office Community Prosecution Unit COURTROOM TESTIMONY OCTOBER

2 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY A. PRE-COURT PREPARATIONA. PRE-COURT PREPARATION 1.Obtain clean copies of the entire report and review prior to coming to Court 1.Obtain clean copies of the entire report and review prior to coming to Court 2. Know both your report and other officer’s reports 2. Know both your report and other officer’s reports

3 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY A. PRE-COURT PREPARATIONA. PRE-COURT PREPARATION 3.Anticipate defenses that may be raised 3.Anticipate defenses that may be raised A.Identify weaknesses in caseA.Identify weaknesses in case B.Identify strengths in the caseB.Identify strengths in the case 4.Contact Prosecutor prior to Court date, if feasible and determine what questions he/she will ask 4.Contact Prosecutor prior to Court date, if feasible and determine what questions he/she will ask A.Determine what issues are being contestedA.Determine what issues are being contested B.Discuss Problem areasB.Discuss Problem areas

4 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY A. PRE-COURT PREPARATIONA. PRE-COURT PREPARATION 5. Identify Defense Counsel 5. Identify Defense Counsel A.TacticsA.Tactics B.AttitudeB.Attitude C. TricksC. Tricks D. Prior contacts with defense counselD. Prior contacts with defense counsel E. Do NOT talk to defense counsel in the HallwayE. Do NOT talk to defense counsel in the Hallway 1.Tell them you will answer all questions one time, where the words you speak are accurately reported by a certified court reporter 1.Tell them you will answer all questions one time, where the words you speak are accurately reported by a certified court reporter

5 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY B. ATTIRE FOR COURTB. ATTIRE FOR COURT 1.Look professional 1.Look professional A.First impressions/appearances have lasting impressionsA.First impressions/appearances have lasting impressions 1.Well groomed 1.Well groomed

6 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY B. ATTIRE FOR COURTB. ATTIRE FOR COURT 3.Males 3.Males A.UniformA.Uniform B.Shirt, Tie, Sport coatB.Shirt, Tie, Sport coat C.No jeans, tennis shoesC.No jeans, tennis shoes

7 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY B. ATTIRE FOR COURTB. ATTIRE FOR COURT 4. Females 4. Females A.UniformA.Uniform B.Appropriate Business attireB.Appropriate Business attire C.No jeans, tennis shoesC.No jeans, tennis shoes

8 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 1.Confident, NOT Arrogant 1.Confident, NOT Arrogant A.Do not appear to be bothered by having to come to courtA.Do not appear to be bothered by having to come to court B.No sullen looksB.No sullen looks

9 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 2.Taking the Oath 2.Taking the Oath A.Raise Right hand and stand at attentionA.Raise Right hand and stand at attention B.Display Sincerity and Seriousness of Taking the Oath to Tell the TruthB.Display Sincerity and Seriousness of Taking the Oath to Tell the Truth C.When you say, “I Do”, be Firm and loud enough that the jury hears your wordsC.When you say, “I Do”, be Firm and loud enough that the jury hears your words

10 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 3.Being Seated At the Witness Stand 3.Being Seated At the Witness Stand A.State your full nameA.State your full name B.Spell your last name.B.Spell your last name. C.Loud enough voice so everyone can hear what is being saidC.Loud enough voice so everyone can hear what is being said 1.Do not appear to be bored or annoyed 1.Do not appear to be bored or annoyed

11 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 4. Reports 4. Reports A.Clean ReportA.Clean Report B.No Notes or DoodlesB.No Notes or Doodles C.Defense counsel can EMBARRASS you if there are nasty notes or doodles that indicate a bias against the DefendantC.Defense counsel can EMBARRASS you if there are nasty notes or doodles that indicate a bias against the Defendant

12 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 4. Reports 4. Reports A.If taken to the Witness standA.If taken to the Witness stand B.Do not hold in handB.Do not hold in hand C.Place on witness standC.Place on witness stand D.Do NOT refer to the report after each questionD.Do NOT refer to the report after each question 1.Be Prepared to testify without the use of the report unless so needed to REFRESH your RECOLLECTION 1.Be Prepared to testify without the use of the report unless so needed to REFRESH your RECOLLECTION

13 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY C.ATTITUDE WHEN ENTERING COURTC.ATTITUDE WHEN ENTERING COURT 4. Reports 4. Reports C.If NOT taken to the Witness StandC.If NOT taken to the Witness Stand 1.Leave with the Prosecutor 1.Leave with the Prosecutor

14 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY D.TAKING THE OATHD.TAKING THE OATH 1.Raise right hand while at Attention 1.Raise right hand while at Attention A.Take the Oath SERIOUSLYA.Take the Oath SERIOUSLY 2.Take A Seat In The Witness Stand 2.Take A Seat In The Witness Stand A.Get ComfortableA.Get Comfortable B.State Your Full nameB.State Your Full name C.Spell Your Last NameC.Spell Your Last Name

15 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY E.TESTIFYINGE.TESTIFYING 1.Look At The Attorney Who IS Asking Questions 1.Look At The Attorney Who IS Asking Questions 2.Answering Questions 2.Answering Questions A.Answer to The Attorney Asking The QuestionsA.Answer to The Attorney Asking The Questions B.Answer to The JuryB.Answer to The Jury C.Do NOT GUESSC.Do NOT GUESS

16 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY E.TESTIFYINGE.TESTIFYING 3.DO NOT TALK TO JURORS 3.DO NOT TALK TO JURORS A.REPORT ALL JUROR CONTACT TO D.A.A.REPORT ALL JUROR CONTACT TO D.A.

17 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY E.TESTIFYINGE.TESTIFYING 4.Ambiguous Questions 4.Ambiguous Questions A.Tell the Attorney You Do Not Understand the QuestionA.Tell the Attorney You Do Not Understand the Question 1.“Could you Rephrase The Question?” 1.“Could you Rephrase The Question?” 2.“I do not understand the Question.” 2.“I do not understand the Question.”

18 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY E.TESTIFYINGE.TESTIFYING 5.Questions that Require More than a Yes/No Answer to Be Truthful 5.Questions that Require More than a Yes/No Answer to Be Truthful A.Start to Explain the AnswerA.Start to Explain the Answer B.If the Attorney Cuts you Off, respond in the following manner:B.If the Attorney Cuts you Off, respond in the following manner: 1.“I can not give a truthful answer with either a yes or a No answer” 1.“I can not give a truthful answer with either a yes or a No answer” 2.Look to the Judge if the Attorney Demands that You Give a Yes or No Answer and Ask Him/Her 2.Look to the Judge if the Attorney Demands that You Give a Yes or No Answer and Ask Him/Her

19 COURTROOM TESTIMONY I.GENERALLY I.GENERALLY E.TESTIFYINGE.TESTIFYING 6.Difficult Defense Attorney’s 6.Difficult Defense Attorney’s A.NastyA.Nasty 1.ALWAYS be polite and Professional 1.ALWAYS be polite and Professional 2.DO NOT ACT NASTY OR ARROGANT 2.DO NOT ACT NASTY OR ARROGANT 3.DO NOT GET MAD 3.DO NOT GET MAD 4.Tell the Truth AT ALL TIMES 4.Tell the Truth AT ALL TIMES 5.DO NOT LOSE YOUR COOL 5.DO NOT LOSE YOUR COOL

20 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY E.TESTIFYINGE.TESTIFYING 7.Demonstrations/Charts 7.Demonstrations/Charts A.If a chart or drawing will better explain the answer to a question, use a diagram, chart to elaborate on your testimonyA.If a chart or drawing will better explain the answer to a question, use a diagram, chart to elaborate on your testimony

21 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY E.TESTIFYINGE.TESTIFYING 8.DO NOT TALK TO DEFENDANT’S 8.DO NOT TALK TO DEFENDANT’S A.Sixth Amendment Right to Counsel concernsA.Sixth Amendment Right to Counsel concerns 9. PROBATION/PAROLE 9. PROBATION/PAROLE A. DO NOT mention the “P” words unless so instructed by the Court in a Jury Trial.A. DO NOT mention the “P” words unless so instructed by the Court in a Jury Trial.

22 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY E. TESTIFYINGE. TESTIFYING 10.MISTAKES 10.MISTAKES A.IF MISTAKE IS MADE, ADMIT ITA.IF MISTAKE IS MADE, ADMIT IT B.TELL THE TRUTH AT ALL TIMESB.TELL THE TRUTH AT ALL TIMES

23 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY F. PAST RECOLLECTION RECORDED - EVIDENCE CODE SECTION 1237F. PAST RECOLLECTION RECORDED - EVIDENCE CODE SECTION §1237. Writing Previously Made by Witness. 1. §1237. Writing Previously Made by Witness.

24 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY F. PAST RECOLLECTION RECORDEDF. PAST RECOLLECTION RECORDED 1. (a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which: 1. (a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which:

25 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY F. PAST RECOLLECTION RECORDEDF. PAST RECOLLECTION RECORDED 1. (1) Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness' memory; 1. (1) Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness' memory; 2. (2) Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness' statement at the time it was made; 2. (2) Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness' statement at the time it was made;

26 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY F. PAST RECOLLECTION RECORDEDF. PAST RECOLLECTION RECORDED 3. (3) Is offered after the witness testifies that the statement he made was a true statement of such fact; and 3. (3) Is offered after the witness testifies that the statement he made was a true statement of such fact; and 4. (4) Is offered after the writing is authenticated as an accurate record of the statement. 4. (4) Is offered after the writing is authenticated as an accurate record of the statement.

27 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY F. PAST RECOLLECTION RECORDEDF. PAST RECOLLECTION RECORDED 2. (b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party. 2. (b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party.

28 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY G. POST COURTG. POST COURT 1. Critique of performance 1. Critique of performance A.SelfA.Self B.ProsecutorB.Prosecutor C.Defense CounselC.Defense Counsel

29 COURTROOM TESTIMONY I. GENERALLY I. GENERALLY G. POST COURTG. POST COURT 2. Methods to Improve 2. Methods to Improve A. InvestigationA. Investigation B. Report WritingB. Report Writing C. Court Room TestimonyC. Court Room Testimony D.Court Room DemeanorD.Court Room Demeanor

30 THE END.


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