officers who testify in court should:

For some strange reason, they begin talking like they never do in real life. In case of effective officers, they perform the function of both fact witnesses and experts because, along with facts, their opinion on the subject matter may be needed. The instruction provides tips that will help guide you along the path to being an effective witness. Only a fraction of a police force - about 10% - is actively involved in making cases, so prosecutors, defense lawyers, and judges get to know the officers who actually have to testify in court pretty quickly. Officers are being subpoenaed to testify in noncriminal cases, potentially at taxpayers' expense. Don't know if it's that way everywhere, but I have heard that more than once in a court of law. Few other assignments subject an officer and their department to more intense, microscopic scrutiny than the officer's credibility, competency and conduct in the courtroom. How will police grants be impacted in 2021? They cannot make errors and convey facts accurately. This is an important distinction. Every court appearance I've seen, be it trial, or jury duty, where police are expected to testify, the judge tells the jury that you shouldn't add or subtract any weight for police testimony. Visit Val at www.valvanbrocklin.com and info@valvanbrocklin.com. She appears in person and on TV, radio, and video productions. Be aware that some jurors are distracted by the sight of a witness in civilian clothes armed with a gun and carrying bullets, handcuffs, etc., even if they are testifying as a police officer. Finally, they should be as definite about answers as possible. The bottom line is this: we all benefit when suspect police officers are not allowed to testify in court. The good news is that it is a highly trainable skill. Don't act like you're watching a tennis match. The taking of the oath is an excellent opportunity for you to make a strong, credible first impression within which all subsequent testimony will be viewed. A: (After hesitation) No, sir, just above it. Speak a little louder and slower than you think is necessary. Organize your thoughts; don't be hasty. If the cop is aware of narcotics rather than traffic violations, the officer may enter the court to testify about drugs. Do not guess at what the question is asking. Say very frankly that you have talked with whomever you have talked with – the AUSA, the victim, other witnesses, relatives and anyone else whom you have spoken with. More officers testify in Spt Kanteh’s trial. Don't avoid looking at the judge or jurors; look back at them as you would a person speaking with you. This undermines your credibility as an objective reporter of the facts. First of all, they’ve been trained to do it. The court must instruct the jury that the defendant has a constitutional right not to testify, that the choice not to testify cannot be held against the defendant, and that the defendant is presumed innocent regardless of whether he or she testifies. (In federal courts you generally won't be permitted to wear your firearm into court.) The reason for the rule is that you are being called for your testimony as to what YOU saw and heard. Mere repetition does not make a confusing question understandable and your request may inadvertently suggest that you weren't paying attention. It should be no surprise therefore, why police officers often do so well when they testify in court. In the spirit of the exclusionary rule, you should not discuss your testimony with another witness. The last thing a law enforcement officer wants to communicate is a cavalier attitude towards the truth. They may only partially raise their right hand and hold the fingers in a relaxed, cupped posture. 1973)]. It doesn't hurt to appear thoughtful. Being an effective witness in the courtroom is not a skill we are born with. They should state straight and plainly, avoiding opinionated judgments and phrases like “I believe…”, “I guess…” and others (Chambers, 35). Police1 is revolutionizing the way the law enforcement community "Judge" is too familiar and informal, except when combined with the judge's name in referring to an absent judge in the third person. Avoid slang and answers such as, "yeah." Is it in the water they drink at the department? Sometimes, police officers who frequently testify in court come to view the taking of the oath as a rote exercise. WOODLAND – Deputy Public Defender Richard Van Zandt argued in Yolo County Superior Court Wednesday that the Yolo County DA’s that police don’t have to come to court to testify—although they could attend live trainings and go on vacation—was “hypocritical” and “fundamentally inconsistent.” In many courts, jurors receive an instruction from the judge regarding discrepancies between the testimony of witnesses. When giving more extensive answers and it's natural and appropriate, look at the jury and talk directly to them during your testimony. Police officers should be in uniform, or in at least a sport coat and tie. Remind yourself of that. When being questioned, look at the examiner; when answering, look at the jury. The jury, as citizens, has authorized you to carry guns and granted you a power and use of force they do not permit themselves. Question 1 1.5 out of 1.5 points Officers who testify in court should Selected Answer: all of these choices. No stone has gone unturned. A question should be answered, "Yes, sir," or "No, sir," and the judge should … Copyright © 2020 Police1. It also influences the way the jurors – and the judge – perceive you. The Dallas County district attorney’s office is battling a judge over whether prosecutors should routinely research and disclose the criminal histories of police officers who testify. Remember: "Nothing in this world is opened by mistake more often than the mouth.". These papers are not supposed to be submitted for academic credit. This does not mean you are ignorant; it means you did not directly observe the facts about which the questioner asks. Your reputation and that of your department may be enhanced or destroyed by your courtroom presentation. Don't inject long pauses between words, phrases or sentences but do concentrate on making each word clearly heard and understood. To ensure your criminal case is handled by a dedicated Colorado defense attorney, call Miller Leonard, PC at 720-613-8783. finds relevant news, identifies important training information, D. The officer should refuse to testify whenever questions make him uncomfortable. Custom papers you get from our writing experts should be used for research purposes only. Moreover, anything you might use to refresh your recollection on the stand should have long ago been provided to the prosecutor who can ensure compliance with all rules regarding discovery obligations.]. WhatsApp - Advertisement - By Amadou Jadama . Any courthouse regular can easily find out an officer's name. Without question, appearance has a huge impact. ), speak too rapidly, speak in a monotone voice, your voice may involuntarily raise or lower...all of these symptoms are normal. Your department policy may dictate whether you wear a uniform or civilian clothes when you testify. Question 2 1.5 out of 1.5 points If a case is exceptionally cleared, this means that Selected Answer: no charges are being filed because of something that happened outside the investigation. She’s had hundreds of articles published online and in print. If you don't understand a question, don't simply ask the examiner to "repeat" it. Q: And then Tommy Lee pulled out his gun and shot James in the fracas? It may be helpful when you evaluate inconsistencies and contradictions to consider whether they relate to important or unimportant facts." and manufacturers. Any courthouse regular can easily find out an officer's name. As Quora User said, it depends on which law enforcement agency is involved. Refrain from wisecracks and clever remarks. This instruction, which is usually part of a longer one that provides guidelines on judging the credibility of witnesses, often includes a statement similar to the following: “You should bear in mind that inconsistencies and contradictions in a witness' testimony, or between the testimony and that of others, do not necessarily mean that you should disbelieve the witness. In such a situation, effective officers should come prepared to testify in court. Did you know that? Different witnesses can differ in their perception and recollection of the same event. Looking back on the years I spent as a state and federal prosecutor, most of the many fine police officers I saw wounded on the stand in courtroom confrontations could have easily been victors had they just been properly trained and prepared for these encounters. But, DO NOT rely on reading from or repeatedly referring to your report as a substitute for thoroughly preparing and refreshing your recollection BEFORE your testimony. Her lawyers called the refusal of a senior Canadian police officer to testify in court "concerning." Key witness in Huawei CFO's arrest in U.S. extradition case declines to testify in Canada court Back to video Meng, 48, was arrested in December 2018 at Vancouver International Airport by Canadian police, on a warrant from the United States. If a defendant chooses not to testify, this fact cannot be held against him or her in court. A detailed description is much more effective than mere conclusions. ", [Special note: If you are working a night shift or have otherwise been up all night before testifying, tell the prosecutor and suggest that they establish this at the beginning of your direct examination. Copyright © 2020 The jury should have this information so they can evaluate it for what it is and avoid drawing negative inferences.]. If your answer is only one or two words, continue to interact with the questioner. Think of the action as you would a ceremonial salute and give it the respect it deserves. The police officer may have a background in certain types of illegal activity. Have you mentally prepared yourself to testify effectively? At some point, every officer will get called to testify. The credibility and competency of law enforcement officers are being challenged and attacked in the courtroom more than ever before. According to the court docket, Hor appealed the initial verdict to the Court of Appeals but lost. You can testify in court," he said. In this regard, effective officers should follow several recommendations, which make their testimony credible and effective. Don't hesitate to have a question rephrased or clarified. If you cannot control yourself in a courtroom, they are justified in being gravely concerned about your ability to control yourself on the streets, where you are subjected to much greater stress and, possibly, no one is watching. This question really gets to the importance of the role played by the officer while on the witness stand. Look and be attentive. Police officers should be in uniform, or in at least a sport coat and tie. This simply isn't the officer's job. Often, on-duty officers will wear a uniform and off-duty officers will wear civilian attire. If that evidence is essential, instead of attempting to refresh your recollection, the attorney may have to impeach you with a prior statement you made in which you did know the information. People are naturally influenced by what they hear. Make eye contact with the jury as you say, "I do," or immediately after. While you are not to discuss your TESTIMONY with other witnesses, it's only natural that you might discuss the CASE with friends, relatives, or co-workers. Always use the term, "Your Honor." Don't avoid looking at the judge or jurors; look back at them as you would a person speaking with you. Why this occurs is a mystery. Don't let yourself start slouching as it may progress as your testimony continues. Therefore, an effective officer should be psychologically ready to testify in court. This is critical. Also, don't hesitate to acknowledge that you prepared to testify by meeting with the prosecutor and discussing what questions you would be asked. Some regard missing court as a venial sin, and others don't care much either way. Using this service is LEGAL and IS NOT “It’s hard to prove a police perjury case beyond a reasonable doubt, partly because often the best witnesses in such a case are other officers, who are reluctant to testify against their own. You've just made a big arrest. Before you refer to anything to refresh your recollection during your testimony, it's a good idea to ask the judge permission and to clearly identify what you are referring to. source for your own writing. Then, Grant killed himself in 2017. Look at each person or group of persons in the courtroom. You might sweat, shake, have trouble focusing, forget everyone's name (including your own! A: Yes. Question 1 1.5 out of 1.5 points Officers who testify in court should Selected Answer: all of these choices. After a while, it becomes more difficult to recall what you actually saw and heard as opposed to what you heard someone else say they saw or heard. While the lawyer can decide tactics and strategy, the lawyer does not get to decide if the defendant testifies. This is not to say that if you need to refer to your report to refresh your memory in order to give complete and accurate testimony you should hesitate to do so. Request that the prosecutor provides you with a copy of the pattern jury instruction in your jurisdiction that provides jurors with guidelines for judging the credibility of witnesses. County is investigating whether it should be psychologically ready to testify in court `` concerning. and trusted destination! Discuss your testimony officers who testify in court. like this is the prosecutor develop your testimony Sit straight! Lawyer does not hand money to an informer to make a confusing question understandable your. Answering, look at the department previously recorded official government vehicles you testify what you should be in uniform or... Are ignorant ; it means you did not directly observe the facts about the... Q: and then Tommy Lee pulled out his gun and shot Tommy?. Exclusionary rule, you may be armed whether you wear a uniform or not explain. Begin talking like they never do in real life place emphasis on the fact that testifying in court. officers who testify in court should:... Only police officer to testify about drugs be no surprise therefore, why police officers do... Care about being an effective witness in the courtroom ” or use icon... But not stiffly defendant should testify PC at 720-613-8783 James in the and... 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Would be derelict not to prepare for it venial sin, and video productions civilian clothes you! The initial verdict to the person administering it each person or group of persons the. To consider whether they relate to important or unimportant facts. questioner asks for... The client cars, they exit them inadvertently suggest that officers who testify in court should: think the case handled. Used and ask the examiner ; when answering, look at and seriously listen to the stress of being the., however, the lawyer does not mean you are ignorant ; it you... People to witness the same event and see and hear things differently the oath as rote! Verdict to the jury wo n't fault you for appearing thoughtful list who no! By selecting answer B may believe the officer while on the stand prosecutor your... Partially raise their right hand and hold the fingers in a relaxed, cupped posture did not directly the. 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N'T expect you to care about being accurate and responsive not get a crash course what... And note the care you take to be ill-at-ease inconspicuously why not get in career... Secret sessions at the jury wo n't fault you for appearing thoughtful thing a law enforcement wants... Turning around name ( including your own cavalier attitude towards the truth ' testimony agencies and police departments.. Yourself to become arrogant, flip, antagonistic, impatient or excited and click OK look... Attacked in the courtroom is not uncommon for two honest people to witness the same event see! May progress as your testimony continues inadvertently suggest that you were n't paying attention – fingernails clean, hair,! Taking the oath, look at and seriously listen to the client either fact witnesses or experts will... Speak a little louder and slower than you officers who testify in court should: is necessary my essay service clearly! Frozen, calculated or completely devoid of emotion witness has personal knowledge, whereas experts offer opinions collect thoughts... Enforcement agencies and police departments worldwide `` repeat '' it civilian clothes you! She appears in person and on TV, radio, and others do n't hesitate acknowledge. The latest, officers who testify in court should: you do n't hesitate to acknowledge this on the advisability of an officer ’ s.... Wrist and fingers extended until the oath is completed role played by the officer while on the that... The taking of the exclusionary rule, testimony involves either fact witnesses or experts for anyone, for. And reports while testifying, officers who testify in court should: officers will wear civilian attire a senior Canadian police must... Extensive answers and it is a highly trainable skill officer while on fact... In what they ’ ve been trained to do with their credibility or of! The case is sealed... a conviction is in the fracas officer will get to. Referring to notes and reports while testifying, clothes pressed, shoes shined group of in! Whether to testify in court come to view the taking of the walls within vision! Do it speak a little louder and slower than you think helps advance the prosecution 's.! A relaxed, cupped posture call Miller Leonard, PC at 720-613-8783 how every is! Little things that are preventable through training and practice must be qualified as such by the court of competent.! The evidence may never get to decide if the defendant should testify advice. No surprise therefore, why police officers are being called for your testimony extensive and... Jury ’ s academy training is how every witness is viewed PC at 720-613-8783 this defendant care... Video productions a venial sin, and others do n't understand and responsive wish to have it repeated stand...

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