Chapter 13 Testifying in Court

Testifying in Court  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.

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.

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.

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

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.

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

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

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

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.

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

Summary Questions  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?

Summary Questions  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?