Embed Size (px)
DESCRIPTION
Testifying In Court
Citation preview
Testifying in Court
Overview• Grand Jury vs. Trial Jury• Expert vs. Regular Witnesses• Preparing for Court• Speaking/Acting with Confidence• Giving Your Testimony• Review
• Grand Jury vs. Trial Jury• Expert vs. Regular Witnesses• Preparing for Court• Speaking/Acting with Confidence• Giving Your Testimony• Review
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
• 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
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.
• 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.
Expert vs. Regular Witnesses
• Expertise• Provide Opinion• Qualified
• Expertise• Provide Opinion• Qualified
Hugo Munsterberg, 1908
• They go on thinking that their legal instinct and their common sense supplies them with all that is needed and somewhat more . . .
WHO IS HE
TALKING ABOUT?
lawyers judges juries
Does the court need experts?
• Yes – if the average Juror (or Judge) does not have the necessary experience and knowledge
What makes an Expert?• Training• Work Experience• Formal Education• Experience as an Expert• Passing a Standardized Test• Recognition by Academic Institution• Recognition by a Professional
Organization
RelevanceJustice 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.”
Potential drawbacks of using experts
• 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
Preparing for Court• Begins at the scene• Take good notes• Review your report• Be confident• Be prepared to explain
inconsistencies
• Begins at the scene• Take good notes• Review your report• Be confident• Be prepared to explain
inconsistencies
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.
• 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.
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
• 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
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.
• 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.
Inadmissible Statements• Opinion (unless qualified as an expert).• Hearsay.• Privileged communication.• Statements about character and
reputation, including the defendant’s past criminal record.
• Opinion (unless 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.
• 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.
• 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.
• 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.
• 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.
• 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.”
• Avoid conclusions and nonresponsive answers.
• Answer yes-or-no questions with “yes” or “no.”
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?
• 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?
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?
• 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?
