BJOC 1.7 - Courtroom Testimony and Demeanor   

Terminal Performance Objective (TPO):

Given the need for student comprehension, the student will explain the principles of acceptable courtroom testimony and demeanor and identify proper techniques of testifying during a deposition in accordance with the Basic Jail Officer Reference Textbook.

BJOC 1.7 - Courtroom Testimony and Demeanor

Enabling Objectives (EO’S):

As a result of this instruction, the student will be able to:

1.7.1        Identify the sequence of a trial.

1.7.2        Identify the roles and duties of the persons in the courtroom.

1.7.3        Identify tasks associated with pretrial preparation.

1.7.4        Identify the steps to be taken on the actual day of the court appearance.

1.7.5        Identify proper behavior when testifying in court.

There are three steps that you should take to prepare for a case going to trial. Describe them. 

A. Review of Original Report

If you do not have a copy of the report that was made, then access a copy of the original report.  Re-read the report to refresh your memory of the incident.  More than likely it has been several weeks or months since the incident took place, therefore,  review the report carefully.

B. Meet with Prosecutor

Schedule a meeting with the prosecutor to discuss the facts of the case and your testimony during the trial.  The prosecutor will answer your questions concerning the trial process and what is expected of you during the trial.  He may review and discuss physical evidence that will be presented during the trial.  If this is your first time testifying in a trial, ask the prosecutor to demonstrate the questioning process so you will know what to expect.

C. Review of Physical Evidence

During your meeting with the prosecutor, review any physical evidence that he/she plans to introduce at the trial so you are not caught off guard when it is presented.  It may be necessary to revisit a crime scene prior to the trial to refresh your memory.

Describe the roles of court personnel.

A. The Judge

The judge is the officer of the court.  He/she is in control of the courtroom.  The judge has different duties depending on the type of trial.  If the case is going before a “bench trial”, the judge is not only    the officer of the court, but is also the jury.  He:

·          listens to all the testimony

·          weighs all the evidence

·          decides if the elements of the crime have been met, and

·          determines the innocence or guilt of the defendant. 

·           

If the case is going before a “jury trial”, the judge is the officer of court maintaining order during the trial by:

·          ensuring attorneys follow protocol during the trial

·          making sure the witnesses understand their responsibility in testifying

·          ensuring there are not any outburst by the witnesses while on the stand

·          maintaining the order of the audience, and

·          giving instructions to the jurors and answers any questions they may have while acting as a member of the jury.

B. The Prosecutor

The prosecutor is the attorney acting on behalf of the government in a criminal case.  He/she has to prove the guilt of the defendant beyond a reasonable doubt.

C. The Defense

The defense is the attorney acting on behalf of the defendant.  He/she defends against the accusations.

D. The Jury

The jury is a panel of citizens selected initially by a random selection process, then interviewed by both attorneys and narrowed down to a   panel of 12 to 14 jurors.

E. The Court Clerk

The court clerk is an administrative person to the judge. The clerk has varying duties depending on the court in which he/she works. The clerk may be the person that swears in all the witnesses.

F. The Court Reporter

The court reporter is the person employed to document all statements made during the trial.  A court reporter may also be employed during a deposition.

G. The Bailiff(s)

The bailiff is charged with the responsibility of assisting the judge in maintaining order in the courtroom.  They may act as courtroom security, charged with the responsibility of securing the witnesses and the jurors and may have the duty of swearing in the witnesses.

What steps should you take to prepare for court or a deposition?

A.    Attire

Your attire in court is very important.  Dress appropriately to make a good impression on the court. Appropriate dress is departmental uniform or business dress attire that is clean and pressed.  If you are wearing your uniform make certain that you have all your accessories (name tag, collar pins, patches, badge, pocket buttons, etc.) in the proper place, polished, and in good order.  Make sure that your shoes are polished to the agency’s standard for the dress uniform.

If you wear a suit, make sure the pieces match and fit well. The tie that you wear should be somewhat conservative so it will not distract the jury while you are testifying. Keep your dress simple, but professional.  Leave unnecessary items out of your pockets so that they do not create bulges in your clothing. Keep jewelry to a minimum. The courtroom is not the place to make a fashion statement. 

B.     Hair

Your hair should be clean and worn in a manner that is in accordance with your agency policy.  It may be necessary to visit the hair stylist to have your hair trimmed or cut to ensure you make a professional appearance to the court.  If your agency allows facial hair, be sure it is neatly groomed before stepping into the courtroom.

C.    Punctuality

Nothing upsets the court more than having to wait on witnesses.  On the day that you are to appear in court or in the prosecutor’s office for deposition, allow yourself ample time to be there on time, if not early.  Showing up late gives the impression that you are not concerned with case. Set your alarm early enough so that you have ample time to get properly dressed and arrive at court on time.  Allow sufficient travel time.  Be familiar with the location of the court or the prosecutor’s office so that you don’t get lost. Always plan for the unexpected.

D.    Review Report

Before going into the courtroom, review your report again.  You should be allowed to refer back to it during the trial, but taking time to review it will refresh your memory so you will not appear lost or dependent on the report.  Be familiar with evidence that you may be asked to verify while on the stand.  Review any witness statements that are part of the report.

E.     Prosecutor

It may be necessary to meet with the prosecutor prior to the trial to go over last minute changes and discuss any questions that have arisen.  The prosecutor may need to clarify statements made in the report or in a deposition.  Inquire if you are allowed to sit in the courtroom or if you will be secluded in a witness room.

Define:  demeanor, deposition, articulation, oath.

A. Demeanor - Demeanor is defined as “the way a person behaves or conducts himself; deportment”

B. Deposition - A deposition is witness testimony given under oath and recorded for use in court at a later date. 

C. Articulation - Articulation is defined as “capable of speaking in, or characterized by clear, expressive, language,” American Heritage Dictionary, Second College Edition, 130.

D. Oath: Any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. When taking the oath you will be asked to swear or affirm.  Affirm is now used for people who have a problem with swearing.

In a jury trial, what is the role of the judge?

If the case is going before a “jury trial”, the judge is the officer of court maintaining order during the trial by:

·          ensuring attorneys follow protocol during the trial

·          making sure the witnesses understand their responsibility in testifying

·          ensuring there are not any outburst by the witnesses while on the stand

·          maintaining the order of the audience, and

·          giving instructions to the jurors and answers any questions they may have while acting as a member of the jury.

Which attorney is representing the state in a criminal case?

The Prosecutor - The prosecutor is the attorney acting on behalf of the government in a criminal case.  He/she has to prove the guilt of the defendant beyond a reasonable doubt.

How should you dress to appear in court?

                        Attire - Your attire in court is very important.  Dress appropriately to make a good impression on the court. Appropriate dress is departmental uniform or business dress attire that is clean and pressed.  If you are wearing your uniform make certain that you have all your accessories (name tag, collar pins, patches, badge, pocket buttons, etc.) in the proper place, polished, and in good order.  Make sure that your shoes are polished to the agency’s standard for the dress uniform.

If you wear a suit, make sure the pieces match and fit well. The tie that you wear should be somewhat conservative so it will not distract the jury while you are testifying. Keep your dress simple, but professional.  Leave unnecessary items out of your pockets so that they do not create bulges in your clothing. Keep jewelry to a minimum. The courtroom is not the place to make a fashion statement. 

List 7 rules of testimony.

 There are some simple basic rules to remember while you are testifying.

·         Tell the truth. In a trial, as in all other matters, honesty comes first.

·         Don’t guess.  If you don’t know, say so.  Remember it is ok to ask for a copy of your report to refresh your memory while you are on the stand.

·         Be sure you understand the question. You cannot give a truthful and accurate answer unless you understand the question. Ask to have it repeated if necessary.

·         Take your time and answer the questions.  Answer what is asked of you; do not embellish or deviate to other subjects.

·         Give a loud and audible answer.  Speak in a forthright manner, showing there is nothing to hide.  If it is a yes or no question, direct your answer to who asked it.  If the question requires more than a yes or no, direct your answer to the jury.

·         Don’t look for assistance when you are on the stand.  A deer in the headlights look can mean a lot of things to a jury.  If you need advice or assistance, ask the judge.  The judge is the “Trier of Law.”

·         Beware of questions involving distance and time.  If you must make an estimate, make sure it is understood that you are making an estimate.  Distance can be communicated if you relate it to a visual image such as: “it was about a football fields’ length from the scene.”

·         Be courteous.  Answer yes or no, and address the parties respectfully, i.e. Your Honor, Sir, Ma’am, and Counselor.

·         If asked if you have talked to the prosecutor, admit it freely if you have done so.  This goes for anyone else such as your partner.

·         Avoid joking and wisecracks.  This is serious business; keep it that way.

·         Do not argue with the defense attorney.  This does not reflect well on you and by showing anger you have played into the defense attorney’s hand.

·         Realizing an error.  If you realize that you have made an error in your testimony, immediately ask the judge for permission to correct the error.

·         Testify objectively. Your job is to testify to the true facts of the case.  Once you have testified, your job is done and you should show no emotion for or against the defendant.

Do not use slang or jargon that is common place to law enforcement.  It does not impress the jury and is often considered distracting. 

You should meet with the prosecutor (District Attorney) and discuss the case.

Cross examination.

Do not discuss the case with other witnesses during recesses.  If such conversations are overheard, you could be confronted during cross-examination.  Never discuss the case or your testimony with any unauthorized person.