Académique Documents
Professionnel Documents
Culture Documents
Introduction
Poor attitude
Arrogance or hostility
Poor preparation
Poor appearance
Convey poor image to judge and/or jury.
Bell Ringer:
Rules and laws are formally recognized customs and practice binding
upon a group of people.
These rules and laws are established to control the way the groups of
people act.
Exist everywhere!
The world without rules and laws would be a confusing place. People
would act as they pleased, only looking out for themselves. Crime and
violence as we know it would be common because no rules or laws
would exist making those actions crimes.
We have trials in order to allow the people, represented by an attorney,
and the person accused of breaking the law, the defendant, to present
evidence to a judge or jury.
Rules and Laws
Judge
A public officer appointed to preside over the court and administer the
law. In a jury trial, it is the judge‘s responsibility to instruct the jury
about the laws that apply to the case.
Court Clerk
A court officer who files pleadings, motions, judgments, and keeps
records of evidence and court proceedings.
Bailiff
A court officer who maintains order in the courtroom and has custody of
the jury and the prisoners. The bailiff announces the opening and closing
of court, calls witnesses, and maintains security for the judge and court
staff. The bailiff also is in charge of the jury and sees that there are no
interferences with their deliberations.
Court Reporter
A person who documents all testimony during court proceedings, or at
trial related proceedings such as pre-motions and depositions.
Who‘s Who in the Courtroom
Plaintiff
A person or party who brings a legal action, or files a complaint, for the
purpose of obtaining a legal remedy. In a criminal case, the plaintiff is
the government.
Defendant
A person or party being sued or accused of a crime. The defendant is
presumed to be innocent unless the evidence proves that she or he is
guilty.
Plaintiff’s Attorney
An attorney who represents the party who complains or brings suit in a
legal action. In a criminal case, the plaintiff‘s attorney is the government
prosecutor.
Defense Attorney
An attorney who represents and acts in the defendant‘s best legal
interest. In criminal cases, persons or parties may have the right to a
public defender.
Who‘s Who in the Courtroom
Witness
A person who takes an oath to tell the truth, and then answers
questions about the case. Witnesses might be asked about
what they saw, heard, or know. They might also be asked to
identify pictures, documents, or other exhibits entered in the
trial.
Observers
Most trials are open to observers. Generally the people that
attend a trial have an interest in the case... either in the people
involved or if they care about the issues raised. Courtroom
decorum is important for those watching. They can be asked to
leave if they are not respectful of the court.
Courtroom Vocabulary
Relevance
Evidence must be relevant. It must have something to do with
proving the case.
Hearsay
Not usually allowed as evidence. It is something a witness may have
heard about, but did not hear or see firsthand.
Opinion
Generally not allowed as evidence. Witnesses are to stick to the facts.
Unless witnesses qualify as experts, their opinions, or what they
think about those facts, are not acceptable as evidence.
Speculation, Conclusions
Speculation, or someone‘s idea about what might have happened, is
not allowed. A witness cannot jump to conclusions that are not based
on what the witness experienced.
Courtroom Vocabulary
Affidavit
A written statement of facts confirmed by the oath of
the party making it, before a notary or officer having
authority to administer oaths.
Brief
A written statement submitted by the lawyer for each
side in a case that explains to the judges why they
should decide the case or a particular part of a case in
favor of that lawyer's client.
Case law
The law as laid down in cases that have been decided in
the decisions of the courts.
Counsel
Legal advice; a term used to refer to lawyers in a case
Courtroom Vocabulary
Deposition
An oral statement made before an officer authorized by law to
administer oaths. Such statements are often taken to examine
potential witnesses, to obtain discovery, or to be used later in trial.
Docket
A log containing brief entries of court proceedings.
Pro se
A Latin term meaning "on one's own behalf"; in courts, it refers to
persons who present their own cases without lawyers.
Voir dire
The process by which judges and lawyers select a petit jury from
among those eligible to serve, by questioning them to determine
knowledge of the facts of the case and a willingness to decide the
case only on the evidence presented in court. "Voir dire" is a phrase
meaning "to speak the truth."
Steps in a Trial
1. The Trial
2. The Judge's Charge
3. Deliberation
4. The Verdict
2. The Trial
Closing Statements
Herethe attorneys summarize their main
arguments, highlighting the main pieces of
evidence in the case, to try to persuade the
judge/jury to support your perspective and rule
in your favor.
2. The Trial – Cont.
2. Opening Statement:
First the Plaintiff's Attorney
Second the Defendant's Attorney
3. Plaintiff's Case:
First Witness is called to testify (direct examination)
Defendant‘s Attorney Cross-Examines Plaintiff‘s First Witness
Second Witness is called to testify (direct examination)
Defendant‘s Attorney Cross-Examines Plaintiff‘s Second Witness
Process continues until Plaintiff‘s Attorney has called all of their
witnesses, when all have been called the Plaintiff‘s Attorney shall say,
―No further witnesses.‖
Court Procedure
4. Defendant's Case:
First Witness is called to testify (direct examination)
Plaintiff‘s Attorney Cross-Examines Defendant‘s First
Witness
Second Witness is called to testify (direct examination)
Plaintiff‘s Attorney Cross-Examines Defendant‘s
Second Witness
Process continues until Defendant‘s Attorney has called
all of their witnesses, when all have been called the
Defendant‘s Attorney shall say, ―No further witnesses.‖
5. Closing Statement:
First the Plaintiff's Attorney
Second the Defendant's Attorney
Overview
Guilty
Admits to the charge
The defendant must waive constitutional rights to trial, to face accusers, the
right of cross examination, to force the prosecution to prove the case beyond
a reasonable doubt
Bypasses the trial process
Not guilty
Nolo contendere (no contest)
Defendant does NOT admit guilt
Defendant will be found guilty
This plea cannot be used against the defendant in a subsequent civil trial
This plea is not available in all states
The defendant may also stand mute
The judge will enter a plea of not guilty for the defendant
Judge
Court deliberation
Trial concluded with decision
Proceedings continue with sentencing process if
found guilty
Pre-sentence investigation is normally ordered by
the judge in all felony cases
Sentencing
Appeals process begins here
Direct Examination
Initial questioning by the attorney who called the
witness is called direct examination
The prosecution usually will call:
Police officers
Essential to the prosecution‘s case
Often are eyewitnesses
Provide information supportive to the testimony of other
witnesses and to introduce physical evidence
Witnesses
The victim
Cross Examination
Preparation for the trial begins from the moment the police respond
to the crime and continues throughout the investigation
The trial, not the arrest, is the culmination of the investigation
Pretrial preparations lay the foundation for sound courtroom
testimony
After being notified of a hearing or trial by the prosecutor, the officer
should:
Review all reports and notes
Examine all evidence
Revisit the crime scene
Confer with the prosecuting attorney
Study for testimony as if for an exam!
Pretrial Conference
This is an informal meeting with the investigator(s) and the
prosecuting attorney
The purpose of the conference is to:
Exchange information
Answer questions
Help the prosecuting attorney decide whether to proceed with the
case
Prepare the officers for their testimony
The officer should bring all pertinent reports to the
conference
All matters that need clarification will be addressed in
detail
Clarifying the Officer‘s Report –
Three Main Areas
Initial probable cause
Was there PC to arrest? To search the vehicle?
Constitutional protections
When were Miranda warnings given?
Where other constitutional rights protected?
Search and seizure
Use of force
Right to attorney
Questioning/interrogation methods–confession
Evidence gathering
Was evidence gathered properly (chain of custody maintained)
Was evidence marked
Who tested the evidence? Are they qualified?
Testifying in Court
Testimony must be:
Relevant
Material
Competent
Defense attorneys often request that investigators
not listen to other witnesses (a motion to sequester
the prosecuting witnesses ̶ including police officers–
is often granted)
The court will allow a witness to review documents
during testimony (to refresh memory)
Preparing to Testify
Be confident
Display a serious, interested attitude
Pause briefly prior to answering questions
Allows the prosecutor to object
Gives the officer time to answer the question thoughtfully
Allows the officer some control over the pace of cross-
examination
Avoid slang expressions, humor, and non-verbal
communication
Answer in a clear, firm voice
On the Witness Stand, the Officer Should…
(continued)
Do
Maintain a polite professional demeanor to both the
prosecutor and the defense attorney
Speak clearly and loudly
Assume proper body positioning
Be calm
Testify from memory
Listen to the question before answering
Be yourself
Pause briefly before answering
Study for your testimony
Testifying Don‘ts
Don‘t
Refuse to answer a question
Ask the judge to censure the defense
Use notes (if possible)
Anticipate the question, but listen to the entire question
Guess or speculate
Argue
Attempt to ―act‖
Chew gum
Drink during testimony
Use humor or try to funny or ―cute‖
Qualify answers (―to the best of my knowledge‖)
Review Questions
Depositions
Held during the discovery phase of litigation.
Opposing attorney asks questions.
Objections taken but not ruled on.
Administrative Hearings
Mini-trials.
You are testifying to a hearing officer.
Trial
Finder of fact can be either jury or judge.
Who are you testifying for?
Do you solemnly
promise to tell
the truth, the
whole truth,
and nothing
but the truth?
Always, always, always be honest with your lawyer.
We can‘t defend against something we don‘t know about.
We will not judge you.
Degrees
License
Certification
Professional Organizations
Publications
Lectures
Experience
Work experience
Specialty experience
Evidence of expertise in the area under question
Research experience
Publications
Lectures
Credible
Lack of expertise
Failure to prepare
Incomplete knowledge of the law
Puffing
Flappable
Mistakes Expert Witnesses Make
Taking it personally
Trying too hard
Wrong standard of care
Healthcare Professional
Straddle
Fact or Expert Witness?
Record keeping
Well organized
Standardized
Notebook
Good Reports- if it isn‘t in the report, it didn‘t
happen!
Preparation Checklist
What is a Subpoena?
What is a Subpoena Duces Tecum?
Does this give you the authority to release
confidential information?
What should you do?
Introduction to Courtroom
Demeanor
Witness Examination
Procedure;
Plaintiff's Case
Direct examination
Cross-examination
Re-direct examination
Re-cross-examination
On the Stand
Attitude of Confidence
Notcockiness
Maintain Composure and dignity
Body Language
Situp straight
Close enough to use the microphone
Keep materials organized neatly in front of you
Look at attorney that is questioning you. Respond to the jury
Establish a connection with the jury
On the Stand
Interprets
provisions of the law
Rules on Jury
Instructions
Rules the
courtroom and the
process of trial
Role of Jury
DO I HAVE TOO?
Attorney‘s
Don't lie
Don't exaggerate
Don't guess
Qualify "yes" or "no" answers
Give testimony of the substance of a conversation
How to improve the accuracy of
your testimony
Pretrial Discussions
Refusal to Discuss with Defense Counsel
Repetitive Questions
Advice on legal issues
Multiple or Compound Questions
Misquoting Prior Testimony
Rapid-Fire Questions
Tactics of Cross-Examination
Switching Testimony
Staring
Endeavor to Develop Conflicting Testimony
Use of Prior Transcripts
Deposition
Case Prep and
Testimony
The Police Officer’s
Role
To assist the
prosecutor in
presenting the facts of
a case to a jury or
trial court judge
Successful Prosecution
Is largely dependent
on an open
relationship between
&
during trial
preparation
Keys to Proper
Testimony
1. Truthful
objective
fact based
never guessing
foregoing intentional
lies
Key Elements of
Testimony
2. Unbiased
without assumptions
personal opinions
aside
The Result of Intentional
Lies
Lose case(s)
Officer discipline
Perjury or other charges
Failure of due process
Statements become part
of the record
Preparation Steps
Prepare complete reports.
Re read all reports,
notes…
Review diagrams,
evidence photos…
Mug shots
GO BACK TO THE SCENE!
Preparation Steps… Courthouse
make it “happen”
Thorough Reports, cont.
a poor report = a poor
case
the defense will key in on
errors
can be used to discredit officer
may be used to impeach witnesses
Thorough Reports, cont.
list appropriate charge
and statute
behavior
humor is out
sterile and
unbiased
maintain
composure
Towards the
Prosecutor
Your
“Allie and Coach”
Towards the
Prosecutor
Answer only what you are
asked
complete
brief
truthfully
not overly aggressive
Successful
prosecution
also depends on…
is to create
REASONABLE DOUBT
in the minds of jurors
The Defense, cont.
is sworn to protect
the accused
will key on
prosecution’s lack of
preparation
Defense Tactics
intentional mispronunciation of
officer’s name
playing down
training/qualifications
Most importantly:
follow rules &
procedures
don’t take it
personally
Dealing With
Objections
Stop speaking immediately.
Don’t finish your sentence.
Wait for judge to rule:
overruled- disagrees with objection
(answer)
sustained- agrees something is
improper (don’t answer)
The
Judge
address respectfully
Exercising Respect
Address all others
present as:
Recall and
Refreshing Memory
the importance of
accuracy/thorough
ness
Recall and
Refreshing Memory
defense tactics
• leading questions
• open ended
questions
Courtroom Layout
Demeanor on the
Stand
preliminary hearing
role
Testimony to establish
probable cause that a
crime has been committed .
Demeanor on the
Stand
order of events
name
employer
“lead in”
identify defendant
intro. of evidence
possible demonstration
Civil Court Actions
no prosecutor
lesser “burden of proof “
for judgment
does not require
unanimous verdict
(5:6)
Lessons of
Fuhrman…
The defendant was one of
two detectives originally
assigned to investigate
the murder of Nicole
Brown Simpson
cont.
In July, 1994, Fuhrman
appeared a witness in the
preliminary hearing of
the homicide case against
O.J. Simpson
cont.
Prosecutor’s question:
…I want you to assume that
perhaps, at some time since 1985
or 86, you addressed a member
of the African American race as a
“nigger”.
Defendant’s response:
Yes, that is what I’m
saying.
cont.
Prosecutor:
And you say under oath,
that you have not
addressed any black
person as a “nigger”
during that time?
cont.
Defendant’s Response:
That’s what I’m saying,
sir..
cont.
Prosecutor:
So anyone who comes to
this court and quotes you
as using that word in
dealing with African
Americans would be a
liar…?
cont.
Defendant’s response:
Yes, they would.
cont.
Prosecutor:
All of them, correct?
Defendant’s response:
All of them.
On September 05, 1995, Laura
Hart McKinney testified that in
1985, she had taped several
interviews with Fuhrman in
which he had referred to Black
Americans as “niggers”.
Three other
witnesses collaborated this
same information, impeaching
Fuhrman‘s earlier testimony.
Through his attorney, Mark
Fuhrman issued a statement
―regretting the effect‖ his
testimony had on the people of Los
Angeles.
As part of his perjury
conviction, he was
precluded from ever
serving as a peace officer
in the State of California.
Honesty
is the key that opens the
door to
Respect
Final Do‘s and Don‘ts…
Don‘t
Be late
Discuss your testimony with anyone once the trial
starts…. No one but L.E. prior to the trial
Carry your reports up to the stand
Wear your gun unless you ask the D.A.
Testify for the defense without notifying the D.A.
Guess… Say you don‘t know… with proper foundation,
your reports may be used to refresh your memory
Get cute on the stand
Final Do‘s and Don‘ts…
Don‘t
Try to outsmart the defense attorney
Guess
Do
Listen to the question